Shib Kumar Mukhiya v. The State Of Bhar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57045 of 2025 Arising Out of PS. Case No.-95 Year-2025 Thana- ANDHRAMATH District- Madhubani ====================================================== Shib Kumar Mukhiya S/O Ravinder Mukhiya @ Ravi Mukhiya R/O VillageJiroga, Police Station- Andhramath, District- Madhubani. ... ... Petitioner/s
Versus
The State of Bhar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Prasad, Advocate For the Opposite Party/s :
Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Andhramath P.S. Case No. 95 of 2025 for the offences registered under Sections 274, 275, 3(5) of the B.N.S. and Section 30(a) of the Bihar Prohibition & Excise Act.
3. There is recovery of 152.700 litre country made liquor from a plastic sack.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner rather the same has been recovered from the road. There is no independent witness of the seizure-list which is violation of Section 103 of B.N.S.S. Petitioner has no
Patna High Court CR. MISC. No.57045 of 2025(2) dt.21-08-2025 2/2 criminal antecedent. He is in custody since 29.05.2025. Petitioner undertakes to co-operate in the trial. Similarly situated co-accused, namely, Jiwalal Mukhiya @ Jeeva Lal Mukhiya has been granted bail by a Co-ordinate Bench of this Court, vide order dated 06.08.2025 passed in Cr. Misc. No. 51950 of 2025.
5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the parties and facts and circumstances of the case, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Jhanjharpur, Madhubani in connection with Andhramath P.S. Case No. 95 of 2025.
(Sunil Dutta Mishra, J) rakhi/- U T