Vikram Kumar @ Vikram Mukhiya @ Mahesh Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25375 of 2023 Arising Out of PS. Case No.-26 Year-2023 Thana- PUPRI District- Sitamarhi ====================================================== Vikram Kumar @ Vikram Mukhiya @ Mahesh Mukhiya S/O Sogarath Mukhiya R/O Bhulan Chowk, Ps-Pupri, District-Sitamarhi ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Ms.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 80.400 litres of liquor from a place near a pond. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that even the alleged recovery is from a place, which is accessible to public at large and he came to be implicated based on secret information, which is the easiest way to implicate

Patna High Court CR. MISC. No.25375 of 2023(2) dt.22-05-2023 2/2 someone, when admittedly petitioner is a person with clean antecedent. The learned counsel next submits that it appears that police in order to save the real culprit falsely implicated the petitioner.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Exclusive Excise Court No.II, Sitamarhi in connection with Pupri P. S. Case No.26 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T