Kapildev Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69631 of 2021 Arising Out of PS. Case No.-347 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Madhubani ====================================================== Kapildev Mukhiya Son Of Surat Mukhiya Resident Of Village - Korahiya Ward No.- 13, P.S.- Jaynagar, 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 :
Ms. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-02-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with G.O. Case No.347 of 2021, instituted for the offences under Section 30(a) of the Excise Act, 2018.
The learned counsel for the petitioner submits that the petitioner is in custody since 17.11.2021, he is a person with clean antecedent and prosecution report has been submitted in this case.
Allegation is of recovery of 72 litre of liquor from an empty place in front of the house of the petitioner. The learned counsel for the petitioner submits that admittedly, the recovery was not made either from the
Patna High Court CR. MISC. No.69631 of 2021(2) dt.25-02-2022 2/2 possession or from the house of the petitioner and came to be implicated merely because the liquor was recovered from a place, which was outside the house of the petitioner. Learned A.P.P. opposes the bail application.
Considering the fact that the petitioner is in custody, he is a person with clean antecedent and prosecution report has been submitted in this case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with G.O. Case No.347 of 2021. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T