Gami Mukhiya @ Gangaram Mukhiya @ Gama Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33993 of 2023 Arising Out of PS. Case No.-444 Year-2022 Thana- JAYNAGAR District- Madhubani ====================================================== GAMI MUKHIYA @ GANGARAM MUKHIYA @ GAMA MUKHIYA SON OF LATE RAMI MUKHIYA Resident of Village Jaynagar Bazar Samiti (Malah Toli), P.S. Jaynagar, Dist. Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarfraz Ahmad For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Jaynagar P.S. Case No. 444 of 2022 (G.R. No. 2231/2022) dated 16.11.2022 registered for the offences punishable u/s 272 and 273 read with section 34 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, total 60 litres of illicit Nepali liquor was recovered from the house of the petitioner

Patna High Court CR. MISC. No.33993 of 2023(2) dt.25-05-2023 2/2 which was brought from Nepal.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is also accused in one more criminal case which is related to excise and in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 20.03.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Jaynagar P.S. Case No. 444 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T