Santosh Kumar Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8745 of 2020 Arising out of PS. Case No.-306 Year-2019 Thana- BASOPATTI District- Madhubani ====================================================== SANTOSH KUMAR MUKHIYA Son of Baiju Mukhiya Resident of Village - Korahiya, P.S.- Jainagar, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2020 The petitioner seeks regular bail in connection with Basopatti P.S. Case No. 306 of 2019 (G.R. No. 2258 of 2019), registered for offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per FIR, police intercepted several motorcycles and on search 162 litres of Nepali country-made liquor was recovered from the motorcycle of the petitioner who was arrested on the spot and the driver of the motorcycle managed to escape.

Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and in fact there is no recovery from the possession of the petitioner. Further, he has been in judicial custody since 26.11.2019 and charge-sheet

Patna High Court CR. MISC. No.8745 of 2020(2) dt.28-02-2020 2/2 has been submitted, therefore, there is no chance of tampering with the evidence.

Heard learned A.P.P. who has opposed the prayer for bail.

Having heard both sides, in view of the above submissions, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge, Excise Act, Madhubani in connection with Basopatti P.S. Case No. 306 of 2019 (G.R. No. 2258 of 2019). (Vinod Kumar Sinha, J) Vikash/- U T