Patna High CourtCR. MISC./22922/2021bail granted

Bhulan Mukhia @ Bhulan Prasad v. The State Of Bihar

2021-11-16Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22922 of 2021 Arising Out of PS. Case No.-164 Year-2020 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Bhulan Mukhia @ Bhulan Prasad Son of Chhotan Mukhia @ Chhotan Prasad Resident of Village- Pyarepur, P.S.- Baikunthpur, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-11-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Baikunthpur P.S. Case No. 164 of 2020 instituted for the offences under Sections 272, 273 and 34 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act, 2016 Learned counsel for the petitioner, at the outset, submits that the petitioner is a person with clean antecedent and is in custody since 28.12.2020 and charge-sheet has been submitted in this case. Further, from bare perusal of the allegation as alleged in the F.I.R. it would manifest that 105 litres of illicit liquor was recovered from the possession of the arrested persons who had disclosed the name of this petitioner.

Patna High Court CR. MISC. No.22922 of 2021(2) dt.16-11-2021 2/2 Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 28.12.2020, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing of bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned 2nd Additional District and Sessions Judge-cum-Special Judge, Excise Act, Gopalganj in connection with Baikunthpur P.S. Case No. 164 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T