Patna High CourtCR. MISC./78533/2023allowed

Gorakh Mukhiya v. The State Of Bihar

2023-12-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78533 of 2023 Arising Out of PS. Case No.-518 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Gorakh Mukhiya Son Of Late Rajendra Mukhiya Resident Of Village - Hasuaha, P.S. - Muffasil (Mothihari), District - East Champaran (Motihari) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Alka Singh For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2023 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 sections 30(a), 41(1) of the Bihar Prohibition and Excise Act.

3. According to the prosecution case, it is a case of recovery of total 20 liters illicit liquor from bank of the river and the petitioner is said to have been indulged in manufacturing of liquor.

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 on the basis of secret information. Neither he was

Patna High Court CR. MISC. No.78533 of 2023(2) dt.07-12-2023 2/2 arrested on spot nor any incriminating article has been recovered from his conscious possession. He has also not concerned with the alleged recovery of illicit liquor. The petitioner is languishing in judicial custody since 25.8.2023.

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 Motihari P.S. Case No. 518 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 No.1, Motihari at East Champaran.

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