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Patna High CourtCR. MISC./77670/2019bail granted

Dinesh Mukhiya v. The State Of Bihar

2019-12-03Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77670 of 2019 Arising Out of PS. Case No.-19 Year-2018 Thana- BITHAN BAZAR District- Samastipur ====================================================== DINESH MUKHIYA S/O Late Kaleshwar Mukhiya R/O village- Bithan, P.S.- Bithan, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raja Ram Mishra For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 31.8.2019 has filed the instant application for grant of bail in connection with Bithan P.S. Case No. 19 of 2018 (District- Samastipur) registered for the offence punishable under sections 272 and 273 of the Indian Penal Code and section 30(a) and 30(d) of the Bihar Prohibition and Excise Act, 2016.

As per the allegation in the FIR, 5 litres of Mahua wine and 1 kg. of urea is said to have been recovered from the house of the petitioner.

It is submitted by learned counsel for the petitioner that allegations of recovery of alleged articles are false and concocted, the petitioner is in custody since 12.8.2019 and

Patna High Court CR. MISC. No.77670 of 2019(2) dt.03-12-2019 2/2 charge sheet has been submitted in the case.

The application for bail was opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-II-cum-Special Judge, Excise Act, Samastipur in connection with Bithan P.S. Case No. 19 of 2018 (District- Samastipur).

(Partha Sarthy, J) Bibhash/- U T