Dular Chand Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81794 of 2019 Arising Out of PS. Case No.-135 Year-2019 Thana- DEODHA District- Madhubani ====================================================== DULAR CHAND MUKHIYA Son of Late Kari Mukhiya Resident of VillageSimarahi, P.S.- Basopatti, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Deodha P.S. Case No. 135 of 2019 corresponding to G.R. No. 1934 of 2019 registered for the offence punishable under sections 272, 273, 468, 471, 414 and 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, 225 litres of nepali liquor is said to have been recovered from the car of one Lalit Kumar Yadav and on whose confessional statement, the name of this petitioner has transpired.

It is submitted by learned counsel for the petitioner that besides the confessional statement of said Lalit Kumar

Patna High Court CR. MISC. No.81794 of 2019(2) dt.11-12-2019 2/2 Yadav, no recovery has taken place from the possession of the petitioner and the said co-accused Lalit Kumar Yadav has been enlarged on bail vide order dated 19.11.2019 passed in Cr. Misc. No. 71571 of 2019. It is further submitted that petitioner is in custody since 12.11.2019 and has no criminal antecedent. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including grant of bail to co-accused, no recovery of any incriminating article from petitioner and the petitioner not having criminal antecedent, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge II-cum-Special Judge, Excise Act, Madhubani in connection with Deodha P.S. Case No. 135 of 2019 corresponding to G.R. No. 1934 of 2019.

(Partha Sarthy, J) sushma/- U T