Patna High CourtCR. MISC./67589/2024bail granted

Upendra Mukhiya v. The State Of Bihar

2024-09-26Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67589 of 2024 Arising Out of PS. Case No.-167 Year-2024 Thana- BHAPTIAHI District- Supaul ====================================================== Upendra Mukhiya S/O Santlal Mukhiya Resident of village- Simri, P.O.- Kodli, Ward No.- 3, P.S.- Bhapatiyahi, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shatrughna Pandey For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-09-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Bhapatiyahi Sarai P.S. Case No. 167 of 2024 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. Allegedly, 870 liters of illicit Nepali liquor was recovered from the boat of the petitioner.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that nothing was recovered from possession of the petitioner. He has also submitted that the is under custody since 17.07.2024.

5. On the other hand, the learned APP for the State

Patna High Court CR. MISC. No.67589 of 2024(2) dt.26-09-2024 2/2 has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned 1st Exclusive Special Excise Judge, Supaul in connection with Bhapatiyahi Sarai P.S. Case No. 167 of 2024, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

7. Before release, the learned court below shall verify the criminal antecedent of the petitioner from all the police stations of the District and if he is found involved in any case other than the case as mentioned in para-3 of the bail petition, his bail bond shall not be accepted. (Nawneet Kumar Pandey, J) Nirmal/- U T