Patna High CourtCR. MISC./71675/2022allowed

Nathuni Mukhiya v. The State Of Bihar

2023-01-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71675 of 2022 Arising Out of PS. Case No.-349 Year-2022 Thana- SURSAND District- Sitamarhi ====================================================== Nathuni Mukhiya Son Of Late Parikshan Mukhiya Resident Of MohallaJaitpur, Ward No.-1, P.S.- Pupri, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner prayed for regular bail in connection with Sursand P.S. Case no. 349 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 30 liters country made liquor from a motorcycle bearing Registration No. BR30W-620 which belongs to the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case and he has never involved in business of carrying illicit liquor. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery of illicit liquor and no any incriminating

Patna High Court CR. MISC. No.71675 of 2022(2) dt.06-01-2023 2/2 article has been recovered from his possession. The petitioner is languishing in judicial custody since 18.7.2022. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sursand P.S. Case No. 349 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-II, Sitamarhi.

(Sunil Kumar Panwar, J) amandeep/- U T