Mukesh Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73178 of 2023 Arising Out of PS. Case No.-205 Year-2023 Thana- GOPALPUR District- Gopalganj ====================================================== Mukesh Giri Son Of Ajkishore Giri R/O Vill - Shah Pur Pakadihar, P.S. - Gopalpur, Distt. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sushil Kumar For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 8.800 litres of illicit country made liquor from a motorcycle which was driven by the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized illicit liquor.

Patna High Court CR. MISC. No.73178 of 2023(2) dt.28-11-2023 2/2 The petitioner is languishing in custody since 22.08.2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

The petitioner is directed to deposit a sum of Rs. 5,000/-(Rupees Five Thousands) in the District Legal Services Authority, Gopalganj.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-IV-cum-Exclusive Special Excise CourtII, Gopalganj in connection with Gopalpur P.S. Case No. 205 of 2023.

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