Kailash Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42630 of 2021 Arising Out of PS. Case No.-24 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== KAILASH MUKHIYA S/o Late Gagandeo Mukhiya Resident of VillageNarha, Ward No.05, P.S.- Bajpatti, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-12-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with G.O. Case No. 24 of 2021 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act. The allegation is regarding recovery of 75.00 litres of illicit liquor from a bag while the petitioner was crossing the Indo-Nepal border.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 21.02.2021.

Per contra, the learned counsel for the State has

Patna High Court CR. MISC. No.42630 of 2021(2) dt.15-12-2021 2/2 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 period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cum-Special Judge, Excise Act, Sitamarhi in connection with G.O. Case No. 24 of 2021. (Mohit Kumar Shah, J) S.Sb/- U T