Birendra Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23586 of 2023 Arising Out of PS. Case No.-181 Year-2019 Thana- JAYNAGAR District- Madhubani ====================================================== BIRENDRA MUKHIYA S/O SINEHI MUKHIYA R/O Village- Korahiya, P.S- Jaynagar, Distt.- Madhubani.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Soban Asghar For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner seeks regular bail in connection with G.R. No. 700/2019, arising out of Jainagar P.S. Case No. 181 of 2019, registered for the offence punishable under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner is innocent and falsely been implicated in this case. No incriminating article has been recovered from the possession of the petitioner. Petitioner is in custody since 07.01.2023. Learned APP has vehemently opposed the prayer for bail.

Considering the nature of allegation levelled against

Patna High Court CR. MISC. No.23586 of 2023(2) dt.15-05-2023 2/2 the petitioner, his period of custody and also the fact that he has clean antecedent, this application is allowed. 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 the learned Addl. Sessions Judge-2nd-cum-Special Judge, Excise Act, Madhubani in connection with G.R. No. 700/2019, arising out of Jainagar P.S. Case No. 181 of 2019.

(Sandeep Kumar, J) Ranjeet/- U T