Ganesh Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56807 of 2025 Arising Out of PS. Case No.-126 Year-2025 Thana- SATHI District- West Champaran ====================================================== Ganesh Mukhiya S/o Sri Chunnilal Mukhiya R/o Village- Basantpur, P.S.- Sathi, District- West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharad Kumar Verma, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in a case registered under Sections 274, 275 of the Bharatiya Nyaya Sanhita and Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, 75 litres of illicit liquor kept in two bags and one container was recovered. This petitioner was apprehended on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case only on suspicion. Further submission is that at the time of chase, the real culprit was managed to flee away throwing the two bags and container of illicit liquor and this petitioner, who was on his way back after attending call of nature, was

Patna High Court CR. MISC. No.56807 of 2025(2) dt.21-08-2025 2/2 apprehended. Petitioner has no concern with the seized illicit liquor. It is submitted that petitioner has got 6 criminal antecedents out of which, two cases are of Excise Act. Petitioner is in custody since 25.05.2025. Charge-sheet has already been submitted in this case and there is no chance of absconding of petitioner or tampering with the evidence. Petitioner undertakes to cooperate in the trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise-II, West Champaran at Bettiah in connection with Sathi P.S. Case No.126 of 2025. (Sunil Dutta Mishra, J) utkarsh/- U T