Rohit Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79406 of 2024 Arising Out of PS. Case No.-298 Year-2024 Thana- BAKHARI District- Begusarai ====================================================== Rohit Mukhiya S/o- Bilo Mukhiya Village- Bahorchak, ward No. 8, P.S.- Bakhri, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Singh, Advocate For the Opposite Party/s :
Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-11-2024 Heard Mr. Manoj Kumar Singh, learned counsel for the petitioner and Mr. Upendra Kumar, learned APP for the State.
2. The petitioner is in judicial custody in connection with Bakhri P.S. Case No. 298 of 2024 for the offence punishable under Sections 30(a) & 30(d) of the Bihar Prohibition and Excise Act lodged on 27.07.2024 by the informant, Shrawan Kumar.
3. As per the prosecution story, the informant raided the village and recovered/seized 110 liters of country made liquor as also some manufacturing articles which resulted into the FIR, the arrest.
4. Learned counsel for the petitioner submits that nothing has been recovered from his conscious possession, has
Patna High Court CR. MISC. No.79406 of 2024(2) dt.19-11-2024 2/3 no criminal antecedent and is in jail since 23.08.2024 (para-15 of the petition).
5. Learned APP opposes the prayer.
6. Taking into account the submissions put forward by the parties as also his period of custody, he do not have criminal antecedent, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Special Excise Court-II, Begusarai, in connection with Bakhri P.S. Case No. 298 of 2024 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
Patna High Court CR. MISC. No.79406 of 2024(2) dt.19-11-2024 3/3 (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T