Patna High CourtCR. MISC./76293/2019bail granted

Vijay Mukhiya v. The State Of Bihar

2019-12-02Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76293 of 2019 Arising Out of PS. Case No.-277 Year-2019 Thana- BENIPATTI District- Madhubani ====================================================== Vijay Mukhiya Son of Parmeshar Mukhiya @ Prameshwar Mukhiya Resident of Village - Batauna, Ukamatola, P.S.- Benipatti, Distt - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of bail in a case registered for the offence under section 30 (a) of the Bihar Prohibition and Excise Act, 2016. As per the allegation in the FIR, 76 litres of Nepali liquor is said to have been recovered from a motorcycle and 216 litres of Nepali country liquor is said to have been recovered from the side of pond.

It is submitted by learned counsel for the petitioner that neither the motorcycle nor the seized illicit liquor belongs to the petitioner, he has no criminal antecedent and is in custody since 26.09.2019. It is further submitted that charge sheet has also been submitted in the case.

Patna High Court CR. MISC. No.76293 of 2019(2) dt.02-12-2019 2/2 The application for bail has been 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, the Court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Madhubani in connection with Benipatti P.S. Case No. 277 of 2019.

(Partha Sarthy, J) Prakash/- U