Lalbabu Mukhiya @ Lalbabu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62932 of 2023 Arising Out of PS. Case No.-286 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Lalbabu Mukhiya @ Lalbabu Son Of Sri Bhagwan Mukhiya VillageChailaha Kothi, Ps- Turkauliya (BANJARIA Op), Dist- East Champaran At Motihari 2.

Sikindar Mukhiya Son Of Jhapas Mukhiya Village- Chailaha Kothi, PsTurkauliya (BANJARIA Op), Dist- East Champaran At Motihari ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-11-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case in connection with Turkauliya (Banjaria O.P.) P.S. Case No. 286 of 2023 dated 04.03.2023 registered for the offences punishable u/ss 272, 273 read with section 34 of the Indian Penal Code and u/ss 30(a), 32, 34, 36 and 41(i) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 210 litres of illicit country made liquor was recovered from the Dhanauti river.

4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners and the petitioners have no concern with the alleged

Patna High Court CR. MISC. No.62932 of 2023(3) dt.01-11-2023 2/2 recovery. The petitioner no. 1 is accused in three other criminal cases whereas the petitioner no. 2 is accused in nine other criminal cases as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, East Champaran at Motihari in connection with Turkauliya (Banjaria O.P.) P.S. Case No. 286 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. The petitioner no. 2 Sikandar Mukhiya is found involved any other criminal cases in future, the prosecution will be at liberty to move for cancellation of his bail bonds.

8. This application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T