Naresh Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1309 of 2022 Arising Out of PS. Case No.-23 Year-2021 Thana- SURSAND District- Sitamarhi ====================================================== NARESH MUKHIYA Son of Bilat Mukhiya, Resident of Village- Parigama, Ward No. -2, P.S.- Choraut, District- Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Ms.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-06-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Sursand P.S. Case No. 23/2021 registered for offence punishable under section 30 (a) of the Bihar Prohibition and Excise Act.

The learned counsel for the petitioner has submitted that the petitioner was not arrested at the spot, rather his name was figured in the confessional statement of co-accused Sanjay Rai from whose possession, 75 litres of liquor was

Patna High Court CR. MISC. No.1309 of 2022(2) dt.01-06-2022 2/2 recovered. He has submitted further that although the petitioner has one criminal antecedent, as mentioned in paragraph no. 3 of this bail petition, but he is under custody since 21.09.2021. Considering the period of detention, the petitioner above-named is directed to be released on bail only after framing of the charge on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II-cum-Special Judge (Excise), Sitamarhi in connection with Sursand P.S. Case No. 23/2021.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T