Patna High CourtCR. MISC./38644/2024allowed

Shankar Mukhiya v. The State Of Bihar

2024-05-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38644 of 2024 Arising Out of PS. Case No.-223 Year-2020 Thana- KHAJANCHI HAT District- Purnia ====================================================== Shankar Mukhiya S/O Late Sani Mukhiya @Late Shaini Mukhiya R/O Village Garhbainaili, P.O. Garhbainaili, P.S. Kasba, Distt-Purnia,Bihar854325 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Tauqueer Azhar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 78.180 liters of Indian made foreign liquor from the house of co-accused Deepak Kumar Singh. He disclosed the name of the petitioner as his associate.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered

Patna High Court CR. MISC. No.38644 of 2024(2) dt.17-05-2024 2/2 from the conscious possession of the petitioner and he has no concern with the alleged recovery of liquor. Moreover, the petitioner is languishing in judicial custody since 03.04.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with K. Hat (Sahayak) P.S. Case No. 223 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (Excise-01), Purnea.

(Sunil Kumar Panwar, J) Shubham/- U T