Ashok Kumar Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12573 of 2023 Arising Out of PS. Case No.- Year-0 Thana- District- Madhepura ====================================================== ASHOK KUMAR MUKHIYA S/O RAJENDRA MUKHIYA R/v- Gouripur, Ward No.- 07, P.S.- Singeshwar, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Madhepura Excise P.S. Non FIR Case No. 31 of 2023 registered for the offences punishable under Section 37 of the Bihar Prohibition (Amended) and Excise Act, 2022.

As per prosecution case, on the basis of breath analysis test, petitioner is alleged to have consumed alcohol/liquor and he is apprehended on the spot. Learned counsel for the petitioner submits that petitioner is in custody since 06.01.2023 and bears criminal antecedent of two cases of similar nature. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence.

Patna High Court CR. MISC. No.12573 of 2023(2) dt.03-05-2023 2/3 The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Session Judge VII cum Special Judge Excise II, Madhepura in connection with Madhepura Excise P.S. Non FIR Case No. 31 of 2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.12573 of 2023(2) dt.03-05-2023 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) alok/- U T