Patna High CourtCR. MISC./8697/2024bail granted

Munna Mukhiya v. The State Of Bihar

2024-02-16Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8697 of 2024 Arising Out of PS. Case No.-398 Year-2023 Thana- CHHAURADANO District- East Champaran ====================================================== Munna Mukhiya, Male, aged about 28 years, Son of Babulal Mukhiya, Resident of Tikuliya, P.S.-Adapur, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Kant, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Chhauradano (Mahuawa) PS Case No. 398 of 2023 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment )Act, 2016.

3. As per the prosecution case, total 114 liters of country made Nepali Kasturi liquor has been recovered from the field.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has

Patna High Court CR. MISC. No.8697 of 2024(2) dt.16-02-2024 2/2 got clean antecedent and is in custody since 24.11.2023.

5. Learned APP opposes the prayer for bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 02, East Champaran, Motihari in connection with Chhauradano (Mahuawa) PS Case No. 398 of 2023.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of fifteen days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge. (Ramesh Chand Malviya, J) Anand Kr.

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