Prabhu Mukhiya @ Parbhu Mukhiya v. The State of Bihar
CR. MISC./48049/2025 · 2025-08-29
Prabhat Kumar Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 60183 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 60183 (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.48049 of 2025 Arising Out of PS. Case No.-62 Year-2019 Thana- SANGRAMPUR District- East Champaran ====================================================== Prabhu Mukhiya @ Parbhu Mukhiya S/O Ganesh Mukhiya R/o Village- Koirgavan Been Toli, P.S- Sangrampur, Dist- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Anuj Kumar, Advocate For the State : Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 29-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 30(a), 35 and 38 of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 35 litres illicit country made liquor was recovered from the house of this petitioner and 2 litres illicit country made liquor was recovered from the dicky of motorcycle of this petitioner.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from conscious possession of this petitioner and has been made an accused in
Patna High Court CR. MISC. No.48049 of 2025(2) dt.29-08-2025 2/2 this case merely on suspicion. Charge-sheet has already been submitted and petitioner is in custody since 27.04.2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the case, nature of accusation and period of custody, the prayer for grant of bail to the petitioner is allowed.
7. Accordingly, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. I, East Champaran at Motihari in connection with Sangrampur P.S. Case No. 62 of 2019.
shashank/- (Prabhat Kumar Singh, J) U T