Sujit Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67362 of 2021 Arising Out of PS. Case No.-153 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Sujit Mukhiya Son of Late Lakshmi Mukhiya R/o village - Ward No.- 7, Maruaahi, P.S.- Jaleshwar, Dist.- Mohatari @ Mahotari (Nepal). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, be removed within four weeks.

The petitioner is in judicial custody in connection with G.O. Case No.153 of 2021 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

As per the prosecution story, the S.S.B. personnel upon information apprehended this petitioner and it is alleged in the FIR that 210 bottles of Nepali Saufi wine of 300 ml. each was recovered/seized, which totals 26 liters. Learned counsel for the petitioner submits that he doesn't have any criminal antecedent and is in jail since 09.09.2021 (as stated in para-13 of the bail application), and if it

Patna High Court CR. MISC. No.67362 of 2021(2) dt.16-05-2022 2/3 is found that he do have criminal antecedent, if this Court grant bail to him the same may be held to be infructuous. Considering the fact that charge sheet has been submitted, the petitioner do not have any criminal antecedent and he is in jail since 07.11.2021; this Court is inclined to grant him to privilege of bail. However, it is found that he do have criminal antecedent, this bail order shall become infructuous. Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each in connection with G.O. Case No.153 of 2021 to the satisfaction of learned A.D.J.,IInd-cum-Special Judge, Excise Act, Sitamarhi, subject to following conditions: (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail cancellation of his bail by the Trial court itself;

(iii) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to steps for cancellation of his bail bonds.

Patna High Court CR. MISC. No.67362 of 2021(2) dt.16-05-2022 3/3 With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T