Satish Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87742 of 2024 Arising Out of PS. Case No.-243 Year-2024 Thana- RAHIKA District- Madhubani ====================================================== 1.

Satish Mukhiya S/O Jagdish Mukhiya R/O Village- Jagatpur, Baraiya Tol, P.S- Rahika, Distt.- Madhubani.

2.

Jagdish Mukhiya S/O Late Bilat Mukhiya R/O Village- Jagatpur, Baraiya Tol, P.S- Rahika, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-02-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Rahika P.S. Case No. 243 of 2024 (G.R. No. 1538/2024) dated 03.11.2024 registered for the offences punishable u/ss 274, 275 read with Section 34 B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 80.400 litres of illicit country made liquor was recovered from the house of the petitioners.

4. Learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.87742 of 2024(2) dt.06-02-2025 2/2 that the petitioners are innocent and have falsely been implicated in this case. The name of the petitioners was transpired in this case merely on suspicion. Nothing has been recovered from the conscious possession of the petitioners. It is further submitted that the petitioner no. 2 is the father of the petitioner no. 1 and they have no concern with the alleged recovery. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 03.11.2024.

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

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to 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, Madhubani in connection with Rahika P.S. Case No. 243 of 2024.

7. The application stands allowed.

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