Parshuram Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52109 of 2022 Arising Out of PS. Case No.-146 Year-2022 Thana- BIRPUR District- Supaul ====================================================== 1.

Parshuram Mukhiya Son Of Buddhilal Mukhiya @ Budhilal Mukhiya R/O Village- Saheban, P.S.- Ratanpura, District- Supaul, Bihar 2.

Narayan Sada Son Of Lali Sada R/O Village- Saheban, P.S.- Ratanpura, District- Supaul, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kuldeep Kumar, Adv.

For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual mode.

The petitioners seek regular bail in connection with Birpur (Bhimnagar O.P.) P.S. Case No. 146 of 2022 lodged under Section 30(a) of the Bihar Prohbition and Excise Act, 2016.

As per the prosecution case, total recovery of 261 liter Nepali wine has been made, which is subject matter of the present case.

Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. He further submits that petitioners are in custody since 24.05.2022 having clean antecedent. Charge-sheet has already been filed in

Patna High Court CR. MISC. No.52109 of 2022(3) dt.06-12-2022 2/2 this case. Learned counsel for the petitioners in defence of the petitioners submits that police has arrested them, when they were going after fishing in the Kosi river.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge- 5th cum- Special Judge Excise, Court-2, Supaul in connection with Birpur (Bhimnagar O.P.) P.S. Case No. 146 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T