Bhagirath Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61098 of 2025 Arising Out of PS. Case No.-29 Year-2025 Thana- KHIRHAR District- Madhubani ====================================================== Bhagirath Mukhiya S/O Udgar Mukhiya R/O Village- Sarso (Ladaut), P.S.- Benipatti, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-09-2025 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, 317(5) of Bharatiya Nyaya Sanhita and Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, 378 litres of illicit liquor was recovered from the car of the petitioner. Petitioner is alleged to be fled away from the spot identified by local people.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case being the owner of the seized car. Further submission is that petitioner was not present on the spot and he has no concern with the seized liquor. Nothing has been recovered from conscious possession of the petitioner. The charge-sheet has

Patna High Court CR. MISC. No.61098 of 2025(2) dt.24-09-2025 2/2 been submitted after completion of investigation. Petitioner has one criminal antecedent of different nature in which he is acquitted and there is no chance of his absconding or tampering with the evidence. Petitioner is in custody since 24.07.2025 and he 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, the submissions of learned counsel for the parties and period of custody, 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 the Court concerned in connection with G.R. No. 489 of 2025, arising out of Khirhar P.S. Case No. 29 of 2025. (Sunil Dutta Mishra, J) utkarsh/- U T