Sukhdeo Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18288 of 2020 Arising Out of PS. Case No.-66 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== SUKHDEO MUKHIYA Son of Ramadhar Mukhiya Resident of Village- Bhit (Bhithari), P.S.- Bhagwanpur, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar, Adv.

For the Opposite Party/s :

Smt. Anita Kumari Singh, APP Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-05-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.

Heard Shri Bipin Kumar, the learned counsel appearing for the petitioner and Smt. Anita Kumari Singh, the learned APP appearing for the State.

The petitioner seeks regular bail in connection with Excise Case No. 66C2 of 2020 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 20 liters of illicit liquor from a hut situated near the house of the petitioner. The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.18288 of 2020(2) dt.13-05-2020 2/3 that the petitioner is innocent, he is having a clean antecedent and has been falsely implicated in the present case. It is further submitted that neither the illicit liquor has been recovered from the house of the petitioner nor from his conscious possession and moreover, the hut in question from where the illicit liquor has been recovered, does not belong to the petitioner. Lastly, it is submitted that the petitioner is languishing in custody since 08.03.2020.

Per contra, the learned APP appearing for the State has submitted that the petitioner is named in the FIR and there is specific allegation against him.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also considering the fact that the petitioner is having a clean antecedent and is languishing in custody since 08.03.2020, I deem it fit and proper to direct for release of the petitioner on bail upon him furnishing personal bond to the satisfaction of learned Additional Sessions Judge-II cum Special Judge (Excise), Begusarai in connection with Excise Case No. 66C2 of 2020.

It is further directed that once the lock-down is over and normal situation is restored, the petitioner, above named,

Patna High Court CR. MISC. No.18288 of 2020(2) dt.13-05-2020 3/3 shall furnish bail bonds of a sum of Rs. 10,000/- with two sureties of the like amount each, within a period of four weeks, to the satisfaction of learned Additional Sessions Judge-II cum Special Judge (Excise), Begusarai in connection with Excise Case No. 66C2 of 2020, failing which the present privilege of bail being extended to the petitioner shall stand revoked automatically.

The present petition stands allowed.

(Mohit Kumar Shah, J) Tiwary/- U T