Dinchandra Mukhiya @ Dil Chand Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24386 of 2020 Arising Out of PS. Case No.-27 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== DINCHANDRA MUKHIYA @ DIL CHAND MUKHIYA Son of Late Mahant Mukhiya @ Late Mahanth Mukhiya Residence of Village- Koari, Ward No. 07, P.S.- Sursand, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.A. L. Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-09-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

The petitioner seeks regular bail in connection with Complaint Case G. O. No. 27 of 2020, registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that the Assistant Commandant, S.S.B., Sitamarhi, while on petrolling duty, detected that some persons were coming from Nepal and after seeing the armed forces, all the persons started fleeing away, but on chase, two persons, namely Bhabhichhan Mukhiya @ Bhavichhan Mukhiya and the petitioner, were apprehended

Patna High Court CR. MISC. No.24386 of 2020(2) dt.21-09-2020 2/3 by the S.S.B. It has further been alleged that upon search, a total quantity of 167.1 litres of illicit Nepali Saufi liquor has been recovered from a bag.

Learned Counsel for the petitioner submits that the petitioner has got no criminal antecedent and has falsely been implicated in this case with oblique motive. He further submits that similarly situated co-accused has been granted bail by a coordinate Bench of this Court, vide order, dated 09.06.2020, passed in Criminal Misc. No. 19268 of 2020. He further submits that the petitioner is in custody since 06.02.2020. After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the petitioner, having no criminal antecedent, is in custody since 06.02.2020 and similarly situated co-accused person has been granted bail by a co-ordinate Bench of this Court, I am inclined to grant regular bail to the petitioner. This application is allowed.

Accordingly, let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II -cumSpecial Judge, Excise, Sitamarhi, in connection with Complaint

Patna High Court CR. MISC. No.24386 of 2020(2) dt.21-09-2020 3/3 Case G. O. No. 27 of 2020.

It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √