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Patna High CourtCR. MISC./31450/2023bail granted

Dipnarayan Mukhiya @ Dipo Mukhiya v. The State Of Bihar

2023-05-22Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31450 of 2023 Arising Out of PS. Case No.-93 Year-2023 Thana- PIPRA District- Supaul ====================================================== DIPNARAYAN MUKHIYA @ DIPO MUKHIYA Son of Jago Mukhiya Resident of village - Goriyari Tola, Ward No.- 12, Pipra Bazar, P.S.- Pipra, District - Supaul, State - Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kuldeep Kumar, Advocate For the Opposite Party/s :

Mr.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 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 Pipra P.S Case No. 93 of 2023 dated 26.03.2023 registered for the offences punishable u/s 30(a) and 37(c)of the Bihar Prohibition and Excise Act. As per the prosecution case, total 162 litres of nepali liquor was recovered from the scorpio vehicle. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.31450 of 2023(2) dt.22-05-2023 2/2 case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is neither the owner nor the driver of the said vehicle. The petitioner is accused in three other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 26.03.2023. 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, Supaul in connection with Pipra P.S Case No. 93 of 2023.

The application stands allowed.

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