Ram Chandra Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9176 of 2021 Arising Out of PS. Case No.-273 Year-2019 Thana- ALOULI District- Khagaria ====================================================== RAM CHANDRA MUKHIYA S/O Late Buchchi Mukhiya Resident of Village - Budhaura, P.S. Alauli, District - khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-06-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings.

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 Alauli P.S. Case No. 273 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Excise and Prohibition Act. 387 liters of foreign liquor is said to have been recovered from the Bhusa House of one Ram Chandra Mukhiya (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. He has no concern either with the seized liquor or place of recovery or any trade of liquor. He has been falsely

Patna High Court CR. MISC. No.9176 of 2021(2) dt.23-06-2021 2/2 implicated in this case mere on suspicion. He further submits that he has no knowledge about the recovery of the aforesaid foreign liquor because there is no "Bhusa House" at Basbitti of the petitioner as such the P.O. is doubtful. Petitioner has no criminal antecedent as has been mentioned in para-3 of the present petition and has been languishing in custody since 29.08.2020.

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 where the case is pending in connection with Alauli P.S. Case No. 273 of 2019.

The bail bond 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) GAURAV S./- U T