Patna High CourtCR. MISC./3625/2024allowed

Awadh Mukhiya v. The State Of Bihar

2024-01-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3625 of 2024 Arising Out of PS. Case No.-1039 Year-2023 Thana- Excise P.S. District- West Champaran ====================================================== Awadh Mukhiya S/O- Satyadeo Mukhiya R/O- Village- Laukariya, P.S.- Bairiya, Dist.- West Champaran.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. Allegation against the petitioner is of indulging in trade of liquor from whose possession, total 98.635 liters of illicit liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery of illicit liquor or with the place of occurrence. No any incriminating article has been

Patna High Court CR. MISC. No.3625 of 2024(2) dt.31-01-2024 2/2 recovered from conscious possession of the petitioner. The petitioner is languishing in judicial custody since 19.10.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. 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 released on bail in connection with Excise P.S. Case No. 1039 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Bettiah at West Champaran.

(Sunil Kumar Panwar, J) Amandeep/- U T