Raj Lal Mukhiya @ Rajlal Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46452 of 2025 Arising Out of PS. Case No.-28 Year-2025 Thana- DEODHA District- Madhubani ====================================================== Raj Lal Mukhiya @ Rajlal Mukhiya S/O Late Lakhendra Mukhiya Resident of village- Jaynagar idgah chowk, P.S.- Jaynagar, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :
Mr. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Deodha PS Case No. 28 of 2025 instituted for the offences under Sections 274, 275, 3(5) of B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act.
3.
The prosecution case, in short, is that total 351 litres of country made liquor was recovered from two motorcycles out of which 153 litres of country made liquor was recovered from petitioner's motorcycle.
4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.46452 of 2025(2) dt.22-07-2025 2/2 no concern with the alleged recovery of liquor. It is submitted that motorcycle in question does not belong to the petitioner. The petitioner is in custody since 06.04.2025 and has got two criminal antecedents in which he is on bail. There is no compliance of Section 103 of B.N.S.S.
5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.
Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Deodha PS Case No. 28 of 2025.
(Rudra Prakash Mishra, J) Raj Ranjan/- U T