Patna High CourtCR. MISC./67655/2023bail granted

Ramashish Mukhiya v. The State Of Bihar

2023-10-18Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67655 of 2023 Arising Out of PS. Case No.-705 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== RAMASHISH MUKHIYA SON OF LATE SAHDEO MUKHIYA RESIDENT OF VILLAGE- MAJHARIYA SHEIKH, PS- MAJHAULIYA, DISTT- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra, Advocate For the Opposite Party/s :

Mrs.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Majhauliya P.S. Case No. 705 of 2023 dated 18.08.2023 registered for the offences punishable u/ss 30(a) and 37 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 2 litres of illicit chulai liquor was recovered from the petitioner. On Breath Analyzer Test, the presence of alcohol in his body was confirmed.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the

Patna High Court CR. MISC. No.67655 of 2023(2) dt.18-10-2023 2/2 petitioner and the petitioner has no concern with the alleged recovery. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.08.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 705 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T