Patna High CourtCR. MISC./50563/2021bail granted

Sanjay Mukhiya @ Sanjay Bin @ Sanjy Mukhiya v. The State Of Bihar

2021-12-17Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50563 of 2021 Arising Out of PS. Case No.-137 Year-2020 Thana- JADOPUR District- Gopalganj ====================================================== Sanjay Mukhiya @ Sanjay Bin @ Sanjy Mukhiya Son of Shiv Bin @ Seo Mukhiya @ Seo Bin Resident of Village- Patahara, P.S.- Yadopur, DistrictGopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Setu Prateek, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-12-2021 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of Covid 19 pandemic, requiring social distancing.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Yadopur P.S. Case No. 137 of 2020 dated 04.09.2020 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel for the petitioner submits that the petitioner is in custody since 27.07.2021 and charge-sheet has been submitted in the case.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.50563 of 2021(2) dt.17-12-2021 2/2 allegation is of recovery of 171 liters of liquor from the side of Gandak River and the petitioner came to be implicated based on secret information received by the informant that petitioner was indulged in illegal liquor trade.

Learned counsel for the petitioner submits that merely because petitioner has got one criminal antecedent he came to be implicated in the present case.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 27.07.2021 and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 2nd cum Special Judge, Excise Act, Gopalganj in connection with Yadopur P.S. Case No. 137 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Gaurav Kumar/- U T