Mukesh Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24952 of 2021 Arising Out of PS. Case No.-276 Year-2020 Thana- GOPALPUR District- Gopalganj ====================================================== MUKESH GIRI, Son of Rajkishore Giri, Residence of - Shahpur Dumariya, P.S.- Gopalpur, Distt. - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, the four accused persons on two motorcycles seeing the police personnel managed to escape. 187.2 litres of liquor was recovered from the sack left behind by them. The accused, which included the petitioner herein, were identified by the villagers.

It is submitted by learned counsel for the petitioner that neither he was arrested at the spot nor any incriminating article was recovered from his possession. He has been falsely implicated in the case because of his antecedents. He is in

Patna High Court CR. MISC. No.24952 of 2021(2) dt.21-09-2021 2/2 custody since 15.12.2020 and chargesheet has been submitted in the case.

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 petitioner not having been arrested at the spot, the petitioner is directed to be enlarged on bail in connection with Gopalpur P.S. Case no. 276 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District & Sessions Judge II - cum - Special Judge, Gopalganj.

(Partha Sarthy, J) Spd/- U T