Pramod Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79991 of 2023 Arising Out of PS. Case No.-632 Year-2023 Thana- Excise P.S. District- Araria ====================================================== PRAMOD MUKHIYA SON OF LATE BHRMDEO MUKHIYA RESIDENT OF VILLAGE- THURHI, WARD NO. 10, PS- BHIMPUR, DIST- SUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the petitioner and coaccused are said to have been apprehended by police party with a vehicle from where, 261 liters of Nepali liquor was recovered.

4. 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. He has got no criminal antecedent as stated in para-3 of the bail petition. Petitioner has no concern with the alleged recovery of illicit liquor or with the vehicle in question.

Patna High Court CR. MISC. No.79991 of 2023(2) dt.13-12-2023 2/2 No any incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 10.8.2023. Moreover, similarly situated co-accused namely, Balram Kumar Mehta has already been granted bail by a co-ordinate Bench of this Court vide order dt. 7.11.2023 passed in Cr. Misc. No. 71031 of 2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Araria Excise P.S. Case No. 632 of 2023 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-2, Araria.

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