Allowed

Lalbabu Mukhiya v. The State of Bihar

Patna HC10 Apr 2023CR. MISC./5920/2023

Case brief

AI extract

What is this about?

The Patna High Court, in an oral order, granted regular bail to the petitioner in a case under the Bihar Prohibition and Excise Amendment Act. The petitioner, in judicial custody, argued innocence and alleged false implication based on a co-accused's statement.

What did the court decide?

Petitioner directed to be released on bail on furnishing a bond of Rs.10,000 with two sureties.

Lalbabu Mukhiya Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5920 of 2023

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Arising Out of PS. Case No.-313 Year-2021 Thana- MOTIHARI MUFASIL District- East Champaran

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======================================================

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Lalbabu Mukhiya Son Of Nagina Mukhiya R/V- Hasuaha, P.S- Muffasil Motihari, Dist- East Champaran, Motihari

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Suresh Mukhiya For the Opposite Party/s : Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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2 10-04-2023 Heard learned counsel for the petitioner and

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learned APP for the State.

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The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a), 32, 41(i) of the Bihar Prohibition and Excise Amendment Act.

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As per prosecution case, informant after getting a secret information reached at the place of occurrence and recovered 70 liters country made liquor from the bank of Hasuaha river, one of them who was apprehended on the

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Patna High Court CR. MISC. No.5920 of 2023(2) dt.10-04-2023 2/3

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spot disclosed name of this petitioner after that this case has been lodged.

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Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused, namely, Sonalal Mukhiya. It is further submitted that the petitioner has no concern with the alleged recovered country made liquor. Neither he is the owner of the field from where recovery is made nor any incriminating article has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 22.10.2022.

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Learned APP appearing for the state has opposed the prayer of regular bail.

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Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Muffasil P.S. Case No. 313 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

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Patna High Court CR. MISC. No.5920 of 2023(2) dt.10-04-2023 3/3

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satisfaction of learned Exclusive Special Excise Judge-I,

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East Champaran at Motihari.

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(Sunil Kumar Panwar, J)

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Manish/-

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U T

Lalbabu Mukhiya v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Lalbabu Mukhiya v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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