Dilip Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26355 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- LARJHAGHAT District- Samastipur ====================================================== Dilip Mukhiya Son Of Late Ramsogarath Mukhiya Resident Of Village - Bakhari, Police Station - Larjhaghat, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap, Advocate For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Larjhaghat P.S. Case No. 09 of 2024 instituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act.

3. As per the prosecution case, petitioner was apprehended on the spot with a motorcycle and from the said motorcycle bearing registration no. BR33AG9887, total 32 liters of illicit liquor was recovered.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to enmity and village politics. He has no concern with the alleged recovered liquor. Nothing incriminating article has been recovered from his

Patna High Court CR. MISC. No.26355 of 2024(2) dt.08-04-2024 2/2 conscious possession. Petitioner is languishing in judicial custody since 26.02. 2024.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case and submissions made on behalf of the petitioner as well as period of custody of the petitioner, let the above named petitioner be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Exclusive Court of learned Special Judge Excise-1, Samastipur in connection with Larjhaghat P.S. Case No.09 of 2024.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) lata/- U T