Bikarma Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6414 of 2023 Arising Out of PS. Case No.-578 Year-2022 Thana- KESARIA District- East Champaran ====================================================== Bikarma Mukhiya S/O Gulli Mukhiya R/V- Parduman Chhapra, P.S.- Kesariya, District- East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections272, 273 of Indian Penal Code and Sections 30(a), 32, 41(i) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 17 litres of country made liquor bank of river.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the place of occurrence. Nothing

Patna High Court CR. MISC. No.6414 of 2023(2) dt.11-04-2023 2/2 incriminating has been recovered from his conscious possession. He is languishing in judicial custody since 25.11.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has opposed the prayer of Bail.

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 Exclusive Special Excise Court No. II, East Champaran, Motihari in connection with Kesaria P.S. Case No. 578 of 2022.

(Sunil Kumar Panwar, J) nirajkrs/- U T