Munshi Mukhiya @ Mushi Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74 of 2023 Arising Out of PS. Case No.-99 Year-2022 Thana- BHAPTIAHI District- Supaul ====================================================== Munshi Mukhiya @ Mushi Mukhiya S/O Late Khushilal Mukhiya Resident Of Village- Dudhadhari Ward No 1, Police Station- Bhaptiyahi, Distt- Supaul. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-03-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 435 litres of Nepali liquor from a car bearing registration number HR-01V-2016. On the disclosure of local Chowkidar, the name of petitioner came into light.
Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.74 of 2023(2) dt.29-03-2023 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the vehicle in question. The name of the petitioner has been disclosed in this case by the local Chowkidar. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 24.08.2022.
Learned APP appearing for the State has opposed the prayer of Bail.
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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Court No. 1, Supaul in connection with S.T. Excise No. 610 of 2022, arising out of Bhaptiyahi
Patna High Court CR. MISC. No.74 of 2023(2) dt.29-03-2023 3/3 P.S. Case No. 99 of 2022.
(Sunil Kumar Panwar, J) nirajkrs/- U T