Binod Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64982 of 2021 Arising Out of PS. Case No.-418 Year-2021 Thana- SHASTRINAGAR District- Patna ====================================================== BINOD MUKHIYA Son of Jogendra Mukhiya @ Yogendra Mukhiya Resident of Village- P.O. and P.S.- Simribakhtiyarpur, District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Prasad Singh, Adv.

For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-12-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, while 141 litres of liquor is stated to have been recovered from different places, it is stated that 2 litres of liquor was recovered from possession of the petitioner.

It is submitted by learned counsel for the petitioner that he has been falsely implicated in the case for oblique reasons. No incriminating article has been recovered from his possession. The petitioner is in custody since 10.9.2021 and chargesheet has been submitted in the case. He has no criminal

Patna High Court CR. MISC. No.64982 of 2021(2) dt.17-12-2021 2/2 antecedent.

It is further submitted by learned counsel for the petitioner that a supplementary affidavit has been filed on behalf of the petitioner stating about the death of his mother on 13.12.2021.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case especially the petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Special Case no.5627 of 2021 (corresponding to Shastrinagar P.S. Case no. 418 of 2021) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise), Patna.

(Partha Sarthy, J) Bibhash/- U