Ashok Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43180 of 2017 Arising Out of PS. Case No.-110 Year-2016 Thana- BITHAN BAZAR District- Samastipur ====================================================== Ashok Mukhiya , son of Saryug Mukhiya , resident of village Sohma, P.S. Bithan, District Samastipur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Mishra For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-09-2017 Heard Ashok Kumar Mishra, learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner, who is in custody since 30.5.2017 in Bithan P.S. Case No. 110 of 2016 registered for the offence under Section 273 of the Indian Penal Code 1860 and under section 47(a) / 54 of the Bihar Excise Amendment Act , 2016 has prayed for grant of bail .

It was submitted by learned counsel for the petitioner that nothing was recovered from conscious possession of the petitioner , rather recovery was effected from straw godown of one Gango Mukhiya and petitioner has been made accused on secret information of the Police. Learned counsel for the petitioner has also drawn my attention to the statement made in paragraph no. 3 of the petition to show that petitioner is

Patna High Court Cr.Misc. No.43180 of 2017(2) dt.19-09-2017 2/2 having clean antecedent.

Considering the nature of accusation, clean antecedent as well as period of custody, let the petitioner Ashok Mukhiya be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, VIth, Samastipur/ concerned court in connection with Bithan P.S. Case No. 110 of 2016 .

(Rakesh Kumar, J) praful/- U T