Patna High CourtCR. MISC./60480/2017bail granted

Sri Ram Mukhiya v. The State Of Bihar

2017-12-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60480 of 2017 Arising Out of PS.Case No. -54 Year- 2017 Thana -DEODHA District- MADHUBANI ======================================================

1. Sri Ram Mukhiya, Son of Baidh Nath Mukhiya, Resident of VillagePithwatol, Police Station- Deodha, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate For the State : Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Deodha P.S. Case No. 54 of 2017 instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Excise Prohibition Act, 2016.

The allegation against the petitioner is recovery of 3 litres Nepali Soufi wine from the possession of the petitioner. The learned counsel for the petitioner submits that the recovery has not been made from the conscious possession of the petitioner and he is in custody since 17.08.2017. Learned counsel further submits that the other three cases which are pending against him pertain to same and similar allegation.

Patna High Court Cr.Misc. No.60480 of 2017 (2) dt.21-12-2017 2/2 Considering the nature of accusation and the period of custody already undergone, I direct the petitioner named above to be released on regular bail on furnishing bail bond of Rs. 50,000/- (rupees fifty thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge, Excise Act, Madhubani in connection with Deodha P.S. Case No. 54 of 2017.

The petitioner is directed to mark his attendance before the concerned Police Station on every Monday at 10:00 A.M. and failure to do so shall make the present order void and the bail bond of the petitioner shall be cancelled and he shall be taken into custody forthwith.

(Mohit Kumar Shah, J) S.Sb/- U T