Bikram Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20228 of 2022 Arising Out of PS. Case No.-153 Year-2021 Thana- SURSAND District- Sitamarhi ====================================================== BIKRAM MUKHIYA SON OF LATE YOGI MUKHIYA R/O VILLAGESHREE KHANDI, BHITHA, WARD NO.3, P.S.- SURSAND, DISTRICTSITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 31-05-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 188 and 414 of the Indian Penal Code and Sections 18(c)/18(4)/27(B)/ (ii)/28 of Drugs and cosmetics Act, 2008, registered in connection with Sursand P.S.Case No. 153 of 2021. As per allegation, on raid, some drugs alleged to be psychotropic in nature, were recovered from co-accused Sushila Devi, who was arrested at the spot. She disclosed the name of

Patna High Court CR. MISC. No.20228 of 2022(2) dt.31-05-2022 2/3 the petitioner as proprietor of those medicines. The learned counsel for the petitioner has submitted that the name of the petitioner has figured in confessional statement of co-accused Sushila Devi. The petitioner is a person of clean antecedents and he is in cusotdy since 31.01.2022. Considering the clean antecedents of the petitioner, as submitted, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Sitamarhi in connection with Sursand P.S.Case No. 153 of 2021, subject to the following conditions:-

1. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

2. If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Patna High Court CR. MISC. No.20228 of 2022(2) dt.31-05-2022 3/3

3. The bail bond shall be accepted only after verification of criminal antecedents of the petitioner.

Office shall ensure that all defects are removed by the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T