Patna High CourtCR. MISC./85095/2019bail granted

Mukesh Giri v. The State Of Bihar

2020-01-07Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85095 of 2019 Arising Out of PS. Case No.-199 Year-2019 Thana- GOPALPUR District- Gopalganj ====================================================== Mukesh Giri Son of Rajkishor Giri, Resident of Village - Shahpur Pakdihar @ Pakdiyar, P.S.- Gopalpur, Distt.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Rai For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Gopalpur P.S. Case No. 199 of 2019 for the offences punishable under Sections 272, 273, 420 of the Indian Penal Code and Sections 30(a), 35 and 38 of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 106.740 liters of illicit wine from the petitioner.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is further submitted that the petitioner is languishing in custody since 01.11.2019. Lastly, it is submitted that the petitioner is having deep roots in the society and is not likely to flee away during

Patna High Court CR. MISC. No.85095 of 2019(2) dt.07-01-2020 2/2 the course of trial.

Having regard to the facts and circumstances of the case and considering the submission advanced by the learned counsel for the petitioner as also taking into account the period of incarceration of the petitioner, I deem it fit and proper to grant regular bail to the petitioner.

Accordingly, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge2nd cum Special Judge, Excise, Gopalganj in connection with Gopalpur P.S. Case No. 199 of 2019.

(Mohit Kumar Shah, J) Tiwary/- U T