Patna High CourtCR. MISC./81660/2019bail granted

Ram Dhari Mukhiya v. The State Of Bihar

2020-01-14Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81660 of 2019 Arising Out of PS. Case No.-88 Year-2019 Thana- HARLAKHI District- Madhubani ====================================================== RAM DHARI MUKHIYA Son of Jeebach Mukhiya Resident of VillageMukhiya Patti, P.S.- Fulgama, District- Dhanusha, Nepal. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar Singh For the Opposite Party/s :

Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 14-01-2020 Heard learned Counsel for the petitioner and the learned APP for the State.

The petitioner, who is in custody, seeks bail in a case registered under Section 30(a) of Bihar Prohibition and Excise Act, 2016 in connection with Harlakhi PS Case No. 88 of 2019.

Having no criminal antecedent petitioner is in custody since 14.11.2019. Prosecution case is of recovery of total 498 Litres of banned liquor from the persons who have implicated the petitioner in the instant case.

It is submitted that there is no recovery even as per prosecution case from the petitioner. Submission is of false implication and that the petitioner has no connection with the alleged recovery.

Patna High Court CR. MISC. No.81660 of 2019(2) dt.14-01-2020 2/2 Considering the aforesaid submissions prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge -cum- Special Judge, Excise Act, Madhubani in Harlakhi PS Case No. 88 of 2019 subject to the conditions:- (I) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled.

(Madhuresh Prasad, J) SNkumar/- U T