Patna High CourtCR. MISC./26377/2024bail granted

Sanjay Mukhiya v. The State Of Bihar

2024-04-05Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26377 of 2024 Arising Out of PS. Case No.-162 Year-2023 Thana- KALUAHI District- Madhubani ====================================================== SANJAY MUKHIYA SON OF NAND LAL MUKHIYA RESIDENT OF VILLAGE - BARDEPUR, POLICE STATION - KALUAHI, DISTRICT - 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.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kaluahi P.S. Case No. 162 of 2023 instituted for the offences punishable under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 135 litres illicit liquor was recovered from a ditch near the house of the petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made

Patna High Court CR. MISC. No.26377 of 2024(2) dt.05-04-2024 2/2 from a ditch. The petitioner has got no concern with the alleged recovery of liquor and he was also not apprehended on the spot. The petitioner is in custody since 04.09.2023, and has two criminal antecedents. There is no compliance of Section 100 of the Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Kaluahi P.S. Case No. 162 of 2023.

(Rudra Prakash Mishra, J) manishkumar/- U T