Mukhiya Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45079 of 2021 Arising Out of PS. Case No.-132 Year-2021 Thana- DARIYAPUR District- Saran ====================================================== MUKHIYA RAI Son of Raghunath Ray @ Loknath Ray Resident of Village - English Mastichak, P.S.- Dariyapur, Dist.- Saran at Chapra. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shakil Ahmad Khan, Advocate For the Opposite Party/s :
Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-01-2022 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 413, 414 and 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.
As per the prosecution case, a stolen motorcycle was recovered from the possession of the petitioner while other motorcycles and liquor was recovered from the possession of the co-accused.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession. He has been falsely implicated in the case. He is in custody since 19.3.2021 and has no criminal antecedent. Charge
Patna High Court CR. MISC. No.45079 of 2021(2) dt.29-01-2022 2/2 sheet has been submitted in the case.
Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts of the case especially the petitioner not having any criminal antecedent and having remained in custody for 10 months, the Court directs the petitioner to be enlarged on bail in connection with Dariyapur P.S. Case no 132 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Addl. Sessions Judge II-cum-Special Judge, Saran at Chapra.
(Partha Sarthy, J) Prakash/- U