Patna High CourtCR. MISC./18380/2024bail granted

Sanjay Mukhiya v. The State Of Bihar

2024-03-12Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18380 of 2024 Arising Out of PS. Case No.-982 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Sanjay Mukhiya Son of Bachalal Mukhiya Resident of Village- Chailahan BinToli, P.S.- Banjariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Turkaulia (Banjaria) P.S. Case No. 982 of 2023, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 35 liters liquor was recovered from gallon near bank of river.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the name of petitioner was disclosed by local villagers. The

Patna High Court CR. MISC. No.18380 of 2024(2) dt.12-03-2024 2/2 petitioner is in custody since 20.12.2023 and has got one criminal antecedent in which the petitioner is on bail. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Turkaulia (Banjaria) P.S. Case No. 982 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T