Mukesh Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21632 of 2020 Arising Out of PS. Case No.-48 Year-2020 Thana- MAHUA District- Vaishali ====================================================== MUKESH GIRI Son of Late Umesh Giri Resident of Village-Kutubpur Bilandpur, Police Station-Mahua, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the State :

Mr. Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-07-2020 Heard Mr. Anil Kumar, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor appearing for the State through video conferencing.

Learned counsel for the petitioner is directed to remove the defect(s) as pointed out by the Stamp Reporter within eight weeks.

Petitioner seeks regular bail in connection with Excise Case No. 99 of 2020 arising out of Mahua P.S. Case No. 48 of 2020 registered for the offences punishable under Sections 30(a), 32(ii), 34(ii), 38(ii) and 41(i) of the Bihar Excise and Prohibition Act, 2016.

The allegation against the petitioner is that the

Patna High Court CR. MISC. No.21632 of 2020(2) dt.07-07-2020 2/3 Police raided the house of the petitioner and recovered a total quantity of 1104.05 litres of illicit liquor. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged. Learned counsel further submits that the other coaccused persons have been involved in the business of liquor and they had dumped the illicit wine in a bamboo clump at a distance of about 250-300 feet from the house of the petitioner. Learned counsel further submits that the petitioner is running a stationary shop and he has no concern with the alleged wine. The petitioner is in custody since 31.01.2020 having clean antecedent.

Having regard to the submissions made by the parties and taking into consideration the fact that the petitioner has got no criminal antecedent and he is in custody since 31.01.2020, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 2nd

Patna High Court CR. MISC. No.21632 of 2020(2) dt.07-07-2020 3/3 Additional District and Sessions Judge-cum-Excise Court, Vaishali at Hajipur, in connection with Excise Case No. 99 of 2020 arising out of Mahua P.S. Case No. 48 of 2020. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T