Santosh Mukhia @ Santoshi Mukhia v. The State of Bihar
CR. MISC./38981/2025 · 2025-06-23
R P Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51682 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51682 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38981 of 2025 Arising Out of PS. Case No.-134 Year-2025 Thana- SURSAND District- Sitamarhi ======================================================
1. Santosh Mukhia @ Santoshi Mukhia S/o Late Ram Ashish Mukhia @ Late Ramashish Mukhia R/o Village- Sursand, Ward No 1, PS- Sursand, Distt- Sitamarhi
2. Sushil Mandal S/o Ram Eqbal Mandal R/o Village- Sursand, PS- Sursand, Distt- Sitamarhi ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishnadeo Das, Advocate For the Opposite Party/s : Mr. Manoj Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 23-06-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Sursand PS Case No. 134 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 196.5 liters Nepali liquor was recovered from sac.
4.
Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is
Patna High Court CR. MISC. No.38981 of 2025(2) dt.23-06-2025 2/2 submitted that recovery is planted and the same is made from an open place, which is accessible to one and all. The petitioners are in custody since 23-03-2025 and has got no criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sursand PS Case No. 134 of 2025.
Raj Kishore/- (Rudra Prakash Mishra, J) U T