Patna High CourtCR. MISC./74040/2019bail granted

Saroj Kumar Mukhiya v. The State Of Bihar

2019-12-11Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74040 of 2019 Arising Out of PS. Case No.-111 Year-2019 Thana- DEODHA District- Madhubani ====================================================== SAROJ KUMAR MUKHIYA, Son of Prabhu Mukhiya, Resident of Village - Raujaul, Ward No.14, P.S.- Majauliya, Distt.- Dhanusha, Nepal. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhirendra Nath Jha For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-12-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272/273 of Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 19.5 litres of illicit liquor from the septic tank of Shiv Sharan Mukhiya, however, petitioner was apprehended as he was sleeping there. It has been submitted on behalf of the petitioner that petitioner has no criminal antecedent and he has no concern with the seized liquor and he has falsely been implicated in this case. Petitioner is in custody since 13.08.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon

Patna High Court CR. MISC. No.74040 of 2019(2) dt.11-12-2019 2/2 furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with G. R. Case No.1467/2019 arising out of Deodha P. S. Case No.111/2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) Sanjay/- U T