Ram Autar Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21677 of 2021 Arising Out of PS. Case No.-8 Year-2021 Thana- BENIPATTI District- Madhubani ====================================================== 1.

RAM AUTAR MUKHIYA Son of Ram Dayal Mukhiya Resident of Village - Cholkara, P.s.- Benipatti, Distt.- Madhubani. 2.

JITENDRA MUKHIYA Son of Ram autar Mukhiya Resident of Village - Cholkara, P.s.- Benipatti, Distt.- Madhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ratanakar Jha, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 272 and 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, the petitioners who made an attempt to escape were chased and caught and from a ditch nearby about 240 litres of liquor was recovered. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the possession of the petitioners who have been falsely implicated

Patna High Court CR. MISC. No.21677 of 2021(2) dt.15-09-2021 2/2 in the case. They have no concern with the seized liquor nor with the land from which the same was recovered. The petitioners are in custody since 28.1.2021 and have no criminal antecedent.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the contents of the FIR and the petitioners not having any criminal antecedent, the Court directs the petitioners to be enlarged on bail in connection with Benipatti P.S. Case no. 8 of 2021 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cumSpecial Judge, Excise Act, Madhubani. (Partha Sarthy, J) Prakash/- U