Patna High CourtCR. MISC./39633/2024bail granted

Sheshnath Mukhiya v. The State Of Bihar

2024-07-22Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39633 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- SATHI District- West Champaran ====================================================== Sheshnath Mukhiya Son of Bhola Mukhiya Resident of village - Basantpur, P.S.- Sathi, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sathi P.S. Case No. 57/2024 dated 31.03.2024 registered for the offences punishable u/s 272 and 273 of the I.P.C and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 50 litres of illicit country-made liquor was recovered from the sack which is alleged to be thrown by the petitioner.

4. 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

Patna High Court CR. MISC. No.39633 of 2024(3) dt.22-07-2024 2/2 possession of the petitioner. The recovery is from an open place which is accessible to anyone. The petitioner has no concern with the alleged recovery. The petitioner has three criminal antecedents and he is on bail in all the aforesaid cases as stated in para 3 of the bail petition. The petitioner is in custody since 01.04.2024.

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

6. 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, Bettiah, West Champaran in connection with Sathi P.S. Case No. 57/2024.

7. The application stands allowed.

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