Ram Bhajan Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42050 of 2021 Arising Out of PS. Case No.-155 Year-2019 Thana- BASOPATTI District- Madhubani ====================================================== RAM BHAJAN MUKHIYA Son of Bauye Lal Mukhiya Resident of Village - Sinradhi, P.S. - Basopatti, District - Madhubani, Permanent Resident of Village - Akaunha, P.S.- Deodha, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Basopatti P.S. Case No. 155/2019, registered for the offence punishable under Sections 272/273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 630 liters of illicit liquor from a Bolero car.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is

Patna High Court CR. MISC. No.42050 of 2021(2) dt.15-12-2021 2/3 having a clean antecedent and he is languishing in custody since 21.3.2021. The learned counsel for the petitioner has referred to paragraph no. 10 of the present petition to submit that the petitioner has got no connection either with the Bolero vehicle or with the alleged seized wine and he has been falsely implicated in the present case.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner has made a categorical statement that he is neither the owner of the Bolero vehicle nor its driver, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail

Patna High Court CR. MISC. No.42050 of 2021(2) dt.15-12-2021 3/3 bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II cum Special Judge, Excise Act, Madhubani in connection with Basopatti P.S.Case No. 155/2019, corresponding to GR No. 1259/2019.

(Mohit Kumar Shah, J) Ajay/- U T