Birendra Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70692 of 2022 Arising Out of PS. Case No.-148 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Madhubani ====================================================== BIRENDRA MUKHIYA Son of Late Sinehi Mukhiya Resident of VillageKorahia, P.S.- Jaynagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha, Advocate For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Madhubani Excise PS case no. 148 of 2022 instituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 66 liters of illicit Nepali liquor from Karaeya Sukki Bridge and the petitioner was arrested from the spot.

The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case, he is having a clean antecedent and is languishing in custody since 20.08.2022.

Patna High Court CR. MISC. No.70692 of 2022(2) dt.09-02-2023 2/2 Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and appropriate to admit the petitioner to the privilege of bail.

Accordingly, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Additional Sessions Judge II-cum-Special Judge, Excise Act, Madhubani in connection with Madhubani Excise PS case no. 148 of 2022. (Mohit Kumar Shah, J) rinkee/- U T