Patna High CourtCR. MISC./33020/2023bail granted

Shambhu Mukhiya v. The State Of Bihar

2023-05-23Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33020 of 2023 Arising Out of PS. Case No.-243 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== SHAMBHU MUKHIYA Son of Late Bechan Mukhiya @ Yogeshwar Mukhiya R/o village - Rajopatti, Sah Tola, Ward No.- 7, P.S.- Mehsaul O.P. (Sitamarhi), District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-05-2023 Heard learned counsel for the parties.

Let the defect(s), if any, be removed within a period of four weeks from today.

This application is filed for grant of regular bail in connection with Sitamarhi Excise Case No. C2-243 of 2020 registered for the offence under Section 30(a) of the Bihar Prohibition & Excise Act, 2018.

Learned counsel for the petitioner submits that there is recovery of 209.88 litres of illicit liquor. The petitioner is in custody since 06.03.2023 and he has three antecedents. Learned A.P.P. has vehemently opposed the prayer for bail.

Considering the period of custody the petitioner and

Patna High Court CR. MISC. No.33020 of 2023(2) dt.23-05-2023 2/2 ////// ////// the nature of allegations levelled against the petitioner, this application is allowed.

Let the petitioner, above named, be released on bail after framing of charge if the charge is not framed yet and on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Exclusive Excise Court-II, Sitamarhi in connection with Sitamarhi Excise Case No. C2-243 of 2020. The petitioner will visit Mehsaul O.P (Sitamarhi) Police Station on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(Sandeep Kumar, J) shoaib/- U T