Fuleshwar Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57307 of 2021 Arising Out of PS. Case No.-4 Year-2014 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== FULESHWAR MUKHIYA SON OF LATE FAUDAR MUKHIYA @ FORAR MUKHIYA R/O VILLAGE- GORIYARI, P.S.- SINGHIA, DIST.- SAMASTIPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raja Ram Mishra For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-01-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State in virtual court proceeding.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Excise Case No. 4 of 2014 registered for the offences punishable under Section 47(a)(f) of Excise Act.

There is recovery of 30 litres of country made liquor and 250 litres of Jawa Mahua from the house of the petitioner. Learned counsel for the petitioner submits that petitioner has clean antecedent and has committed no offence

Patna High Court CR. MISC. No.57307 of 2021(2) dt.31-01-2022 2/3 and he has falsely been implicated in the present case. It is further submitted that it appears from the FIR that nothing has been recovered from conscious possession of the petitioner rather the recovery has been made from the house of the petitioner. He further submits that the present case was instituted under the old Excise Act and petitioner is in custody since 06.06.2021.

The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II cum Special Judge, Excise Act, Samastipur in connection with Excise Case No. 4 of 2014, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.57307 of 2021(2) dt.31-01-2022 3/3

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) shahzad/- U T