Acchewar Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26060 of 2020 Arising Out of PS. Case No.-26 Year-2020 Thana- LAKHNAUR District- Madhubani ====================================================== ACCHEWAR MUKHIYA Son of Late Masahru Mukhiya Resident of Village - Kachhwi, P.S.- Lakhnaur, Dist.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-10-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 290, 353, 504 of I.P.C. and 37(c) and 37(a) of Bihar Prohibition and Excise Act, 2016. Prosecution case, in short, is that the petitioner was in drunken state and raised hue and cry at the busy market place.

Patna High Court CR. MISC. No.26060 of 2020(2) dt.14-10-2020 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.02.2020 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is said to be in drunken state. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II-cum-Special Judge, Excise Act, Madhubani in connection with Lakhnaur P.S. case No.26 of 2020. (Sudhir Singh, J) Narendra/- U T