Hital Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25959 of 2020 Arising Out of PS. Case No.-22 Year-2020 Thana- CHORAUT District- Sitamarhi ====================================================== Hital Mukhiya, aged about 24 years, male, S/o Subad Mukhiya @ Subodh Mukhiya, Resident of Village - Thalahi @ Bhemua, P.S. - Sursand, Distt. - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Thakur, Adv.

For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-10-2020 Heard Mr. Mahendra Thakur, learned counsel for the petitioner and Mr. Prem Kumar Jha, learned APP for the State.

The petitioner seeks bail in connection with Choraut P.S. Case No. 22 of 2020, dated 25.02.2020, instituted for the offences under Sections 414, 413, 467, 468 and 471/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.25959 of 2020(2) dt.13-10-2020 2/3 It appears from the First Information Report that the petitioner was caught driving a stolen motorcycle. The petitioner denies that it was a stolen motorcycle. However, as the prosecution stands, the petitioner is said to have divulged before the police officer that he had purchase the aforesaid motorcycle from one Shanker Chaudhary, who sold the stolen motorcycles. Aforesaid Shanker Chaudhary was also reported to have kept liquor in his house. On this, a raid was conducted in the house of Shanker Chaudhary and approximately 3.06 litres of liquor was recovered from there. It has been submitted on behalf of the petitioner that no liquor has been recovered from his possession and the motorcycle which the petitioner was driving is not reported to be stolen one.

The petitioner is in custody since 26.02.2020 and claims to be a person of clean antecedents.

Regard being had to the facts aforestated, the petitioner above-named is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.25959 of 2020(2) dt.13-10-2020 3/3 the satisfaction of learned A.D.J.-II-Cum-Special Judge, Excise Act, Sitamarhi in connection with Choraut P.S. Case No. 22 of 2020.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T