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Patna High CourtCR. MISC./6076/2023bail granted

Md. Mustakim @ Mustakim Mian v. The State Of Bihar

2023-04-29Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6076 of 2023 Arising Out of PS. Case No.-118 Year-2022 Thana- PIYAR District- Muzaffarpur ====================================================== Md. Mustakim @ Mustakim Mian Son of Late Jahuri Mian Resident of Village - Pirapur Chowk Bandh Tola, P.S.- Piyar, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kishore Thakur, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 29-04-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

Petitioner seeks regular bail in connection with Piyar P.S. Case No. 118 of 2022 dated 04.06.2022 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code read with Section 30(a) of Bihar Prohibition and Excise Act.

3.

The main submissions advanced by learned counsel for petitioner are that as per the allegation 40 litres of fermented taari is stated to have been recovered from a hut but the said hut does not belong to this petitioner and the petitioner has fair and clean antecedent and he is 50% handicapped by his leg and in this regard relevant certificate has been filed as Annexure-2 and against the petitioner investigation has been completed and he has been languishing in jail since 05.06.2022.

Patna High Court CR. MISC. No.6076 of 2023(2) dt.29-04-2023 2/2 4.

Learned APP for the State has opposed the bail prayer of the petitioner.

5.

Considering the above submissions and mainly the petitioner's fair and clean antecedent and also the submission of chargesheet against the petitioner, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Piyar P.S. Case No. 118 of 2022.

(Shailendra Singh, J) Shahnawaz/- U T