IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25808 of 2025 Arising Out of PS. Case No.-498 Year-2024 Thana- CHIRAIYA District- East Champaran ====================================================== Dharmdeo Mukhiya Son of Bishwanath Mukhiya @ Vishwanath Mukhiya Village- Hasuaha PS -Muffasil Motihari, Dist- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Alka Singh, Advocate For the Opposite Party/s : Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 25-04-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Chiraiya PS Case No. 498 of 2024 instituted for the offences under Sections 30(a), 45 & 41(i) of the Bihar Prohibition and Excise Act and Section 317(5) of the Bharatiya Nyaya Sanhita, 2023. 3. The prosecution case, in short, is that 200 liters country made liquor was recovered from two motorcycles. 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 Patna High Court CR. MISC. No.25808 of 2025(2) dt.25-04-2025 2/3 no concern with the alleged recovery of liquor. Learned counsel for the petitioner submits that name of the petitioner transpired in this case on the basis of the statement of apprehended co- accused persons, who allegedly have purchased the motorcycles from one Sonu Kumar. Petitioner has no concern with the motorcycles in question. The petitioner is in custody since 04- 02-2025 and has got four criminal antecedents. There is no compliance of Section 103 of the BNSS, 2023. Other co- accused have been enlarged on bail by this Court vide order dated 20-02-2025, passed in Cr. Misc. No. 9824 of 2025. 5. Learned A.P.P. 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, claim based on parity 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chiraiya PS Case No. 498 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the Patna High Court CR. MISC. No.25808 of 2025(2) dt.25-04-2025 3/3 family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. Raj Kishore/- (Rudra Prakash Mishra, J) U T