Patna High CourtCR. MISC./61746/2023allowed

Bandul Mukhiya @ Ajit Mukhiya v. The State Of Bihar

2023-09-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61746 of 2023 Arising Out of PS. Case No.-151 Year-2023 Thana- RAJNAGAR District- Madhubani ====================================================== Bandul Mukhiya @ Ajit Mukhiya S/O Yogi Mukhiya Resident Of Village Mangrauni North Ps Rajnagar Dist Madhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 272, 273/34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of total 225 liters of illicit liquor from an orchard and the petitioner is alleged to have indulged in illicit trade of liquor.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery of illicit liquor or with the

Patna High Court CR. MISC. No.61746 of 2023(2) dt.15-09-2023 2/2 place of occurrence. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Moreover, he is languishing in judicial custody since 27.7.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Rajnagar P.S. Case No. 151 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II-cum-Special Judge Excise Act, Madhubani.

(Sunil Kumar Panwar, J) Amandeep/- U T