Ajay Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70232 of 2024 Arising Out of PS. Case No.-154 Year-2024 Thana- HARLAKHI District- Madhubani ====================================================== 1.
Ajay Mukhiya S/o- Ram Safal Mukhiya Resident of Village- Hathparsa, P.S. Harlakhi, District- Madhubani 2.
Pawan Mukhiya Son of Ram Lachan Mukhiya Resident of VillageHathparsa, P.S. Harlakhi, District- Madhubani 3.
Sohan Mandal Son of Yogendra Mandal Resident of Village- Hathparsa, P.S. Harlakhi, District- Madhubani 4.
Krishna Mukhiya @ Krishna Kumar son of Sadhu Mukhiya Resident of Village- Hathparsa, P.S. Harlakhi, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Jha For the Opposite Party/s :
Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-10-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 272, 273, 34 of the IPC and Section 30 (a) of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioners rather 630 liters of Nepali liquor is said to have been recovered from the place of occurrence. He submits that the
Patna High Court CR. MISC. No.70232 of 2024(2) dt.21-10-2024 2/3 petitioner nos. 1 and 4 have one criminal antecedent and petitioner nos. 2 and 3 have no criminal antecedent as mentioned in para-3 of this application.
4. Petitioner nos. 1 and 4 is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) each and petitioner nos. 2 and 3 is agreed to deposit a sum of Rs.5,000.00 (Rupees Five Thousand) each in the account of Mahavir Cancer Sansthan, Patna, bearing Account No. 3332964762, IFSC Code: CBIN0282779 (fifth character is zero), MICR Code: 800016018, Central Bank of India, Chitkohra Branch, Patna.
5. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Harlakhi P.S. Case No. 154 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that:
(i) One of the bailors will be their own blood relative, preferably, father, mother, brother, sister and/or their wives. (ii) The petitioners shall not indulge themselves in any
Patna High Court CR. MISC. No.70232 of 2024(2) dt.21-10-2024 3/3 similar offence till conclusion of the trial.
6. The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Mahavir Cancer Sansthan, Patna.
(Anjani Kumar Sharan, J) devendra/- U T