Doma Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3728 of 2021 Arising Out of PS. Case No.-179 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Madhubani ====================================================== DOMA MUKHIYA SON OF UPENDRA MUKHIYA RESIDENT OF VILLAGE - MANGARAUNI, P.S. - RAJ NAGAR, DISTRICTMADHUBANI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Prakash Mr.Gagan Deo Yadav For the Opposite Party/s :
Mr.Uma Shankar Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-03-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with G.O. Case No.179 of 2020, registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
35 liters of Nepali wine is said to have been
Patna High Court CR. MISC. No.3728 of 2021(2) dt.17-03-2021 2/3 recovered from the shop of the petitioner.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. It is submitted that though the wine has been recovered from the shop of the petitioner but the shop is a public place and customers do visit there. It is further submitted that the petitioner has no concern either with the seized liquor or any trade of liquor. The petitioner has been falsely implicated in this case. Petitioner has no criminal antecedent as mentioned in para-3 of the present petition and has been languishing in custody since 10.10.2020. Petitioner is agreed to deposit a sum of Rs. 10,000.00 (Rupees Ten Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.
Having regard to the facts and circumstances of case, let the above named petitioner, be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with G.O. Case No.179 of 2020.
Patna High Court CR. MISC. No.3728 of 2021(2) dt.17-03-2021 3/3 The bail bonds of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.10,000.00 (Rupees Ten Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) pallavi/- U T