Radhe Mukhiya @ Radhe Shyam Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6339 of 2023 Arising Out of PS. Case No.-226 Year-2022 Thana- SINGHIYA District- Samastipur ====================================================== RADHE MUKHIYA @ RADHE SHYAM MUKHIYA S/o Late Asharfi Mukhiya @ Late Asarfi Mukhiya R/o Village- Pipra Ghat (Pipra), P.S.- Singhiya, Distt- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nawal Kishor Prasad For the Opposite Party/s :
Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
As per prosecution case, there has been recovery of 559.440 liters of illegal foreign liquor from the Janera field. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not apprehended on spot. On the basis of suspicion, the name of the petitioner has come into light. No incriminating article has recovered from the conscious possession of the petitioner. He submitted that the
Patna High Court CR. MISC. No.6339 of 2023(2) dt.02-05-2023 2/2 petitioner has no concern with the seized liquor. He is languishing in judicial custody since 08.12.2022. The application for bail is opposed by learned APP for the State and submitted that petitioner has got accused in five more cases.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-I, Samastipur in connection with Singhiya P.S. Case No. 226 of 2022.
(Sunil Kumar Panwar, J) arish/- U T