Patna High CourtCR. MISC./43577/2024bail granted

Bigan Mukhiya v. The State Of Bihar

2024-06-24Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43577 of 2024 Arising Out of PS. Case No.-791 Year-2024 Thana- Excise P.S. District- East Champaran ====================================================== Bigan Mukhiya Son of Langatu Mukhiya @ Langoor Mukhiya @ Langru Mukhiya R/O Vill.- Badaharwa Siwan, P.S.- Dhaka, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Exise P.S. Case No. 791 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 48.600 liters liquor was recovered from two plastic gunny bags and the petitioner was apprehended on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further

Patna High Court CR. MISC. No.43577 of 2024(2) dt.24-06-2024 2/2 submitted that the plastic gunny bags were recovered beside the road which is an open place and accessible to public at large, the petitioner was a passerby of that way. The petitioner is in custody since 07.05.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Exise P.S. Case No. 791 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T