Shambhu Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 18237 of 2023 Arising Out of PS. Case No.-439 Year-2022 Thana- SITAMARHI District- Sitamarhi ====================================================== SHAMBHU MUKHIYA S/O LATE YOGESHWAR MUKHIYA R/O VILLAGE- RAJOPATTI (SOUTH OF BRAHM ASTHAN), P.S. SITAMARHI, DISTRICT- SITAMARHI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tribhuwan Narayan For the Opposite Party/s :
Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
As per prosecution case, there has been recovery of 15.750 liters of English liquor from the road, which is situated in front of the petitioner's house.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not apprehended on spot. He submitted that the petitioner has no concern with the seized liquor and place of occurrence does not belongs to the
Patna High Court CR. MISC. No. 18237 of 2023(2) dt.12-05-2023 2/2 petitioner. Nothing incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 22.09.2022. The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Exclusive Excise Court-II, Sitamarhi in connection with Sitamarhi P.S. Case No. 439 of 2022.
(Sunil Kumar Panwar, J) arish/- U T