Patna High CourtCR. MISC./89253/2024bail granted

Raj Banshi Mukhiya v. The State Of Bihar

2025-01-09Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89253 of 2024 Arising Out of PS. Case No.-365 Year-2024 Thana- GOVINDGANJ District- East Champaran ====================================================== Raj Banshi Mukhiya S/o Late Bhagwan Mukhiya R/o Village- Bindwaliya, Ward No.9, P.S.- Govindganj, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Govindganj P.S. Case No. 365 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 7.5 liters liquor was recovered from behind the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel

Patna High Court CR. MISC. No.89253 of 2024(2) dt.09-01-2025 2/2 for the petitioner further submits that the petitioner was not arrested on the spot and the alleged recovery has been made behind the house of the petitioner which is an open place and easily accessible to public at large. The petitioner is in custody since 03.11.2024 and has got one criminal antecedent in which he is on bail. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Govindganj P.S. Case No. 365 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T