Akhilesh Kumar Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77669 of 2023 Arising Out of PS. Case No.-5 Year-2023 Thana- DEODHA District- Madhubani ====================================================== Akhilesh Kumar Mukhiya S/O Kapileshwar Mukhiya R/O Village- Pithawa Tola, P.S- Deodha, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the State :

Mrs. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Deodha P.S. Case No. 5 of 2023 instituted for the offence under Sections 272/273 and 414 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. 3.

There is alleged recovery of 108 litres of illicit liquor in a gunny bag tied on the petitioner's motorcycle, which has been stopped in the course of checking.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19-01-2023. Petitioner has one criminal antecedent.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.77669 of 2023(2) dt.04-12-2023 2/2 counsel that petitioner has been falsely implicated in the present case. In fact, petitioner has no concern with the alleged illicit liquor.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, nature of allegation, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Deodha P.S. Case No. 5 of 2023 subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. (Rudra Prakash Mishra, J) Raj kishore/- U T