Patna High CourtCR. MISC./21956/2024bail granted

Baiju Mukhiya v. The State Of Bihar

2024-03-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21956 of 2024 Arising Out of PS. Case No.-20 Year-2023 Thana- LARJHAGHAT District- Samastipur ====================================================== Baiju Mukhiya S/o Garib Mukhiya R/O Vill-Belsandi Ward No-10, PSLarjhagatm, Dist-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Larjhaghat P.S. Case No. 20 of 2023, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 20 liters liquor was recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the alleged place of recovery is a joint place of

Patna High Court CR. MISC. No.21956 of 2024(2) dt.20-03-2024 2/2 his pattidar and the petitioner was not apprehended on spot. The petitioner has surrendered on 02.02.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Larjhaghat P.S. Case No. 20 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T