Patna High CourtCR. MISC./21903/2020bail granted

Vishwanath Mukhiya v. The State Of Bihar

2020-07-09Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21903 of 2020 Arising Out of PS. Case No.-272 Year-2019 Thana- SANGRAMPUR District- East Champaran ====================================================== VISHWANATH MUKHIYA Son of Sobhan Mukhiya Resident of Village - Sangrampur Bintoli, P.S. - Sangrampur, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-07-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Mr. Rajendra Nath Jha, the learned A.P.P. appearing for the State. The petitioner seeks regular bail in connection with Sangrampur P.S. Case No. 272 of 2019 for the offence punishable under section 30(a), 30(d), 35 and 38 of Bihar Prohibition & Excise Act, 2016.

The allegation is regarding recovery of some articles which were kept for preparing illicit liquor. The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.21903 of 2020(2) dt.09-07-2020 2/2 the petitioner is innocent, he has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 25.02.2020.

The learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail. Having regard to the facts and circumstances of the case, considering the submissions advanced by the learned counsel for the petitioner, taking into account the period of incarceration of the petitioner, apart from the fact that he is having a clean antecedent, I deem it fit and proper to direct for the release of the petitioner on regular bail. Accordingly, the petitioner, above-named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 9th Additional Sessions Judge cum Special Judge, Excise, Motihari, East Champaran in connection with Sangrampur Case No. 272 of 2019.

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