Allowed¶17

Shrawan Kumar Mukhiya v. The State of Bihar

Patna HC7 Mar 2024CR. MISC./17258/2024

Case brief

AI extract

What is this about?

Regular bail allowed; Patna High Court; Cr. Misc. No.17258 of 2024; Jaynagar P.S. Case No. 15 of 2024; G.R. No. 26 of 2024; District Madhubani; offences under Sections 272, 273, 414, 34 IPC and Section 30(a) Bihar Prohibition and Excise Act; 421.2 litres illicit liquor and two motorcycles recovered; custody since 08.01.2024; no criminal antecedent; counsel alleged non-compliance of Section 100 Cr.P.C.; bail bond Rs.10,000/- with two like sureties; decided 07-03-2024 by Justice Rudra Prakash Mishra.

What did the court decide?

Release on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Jaynagar P.S. Case No. 15 of 2024 (G.R. No. 26 of 2024). ¶17

Shrawan Kumar Mukhiya Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17258 of 2024

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Arising Out of PS. Case No.-15 Year-2024 Thana- JAYNAGAR District- Madhubani

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

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Shrawan Kumar Mukhiya Son of Prem Sundar Mukhiya R/o Village- Pithwa Tol, Police Station- Deodha, Dist.- Madhubani.

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bhavesh Kumar Sah, Adv. For the Opposite Party/s : Mr.Rajesh Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER

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2 07-03-2024

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner seeks bail in connection with Jaynagar P.S. Case No. 15 of 2024 (G.R. No. 26 of 2024) instituted for the offences under Sections 272, 273, 414, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

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As per prosecution case, total 421.2 liter illicit liquor along with two motorcycles have been recovered by the police.

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Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The

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Patna High Court CR. MISC. No.17258 of 2024(2) dt.07-03-2024 2/2

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petitioner has no concern with the seized liquor or the alleged motorcycles. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner is languishing in judicial custody since 08.01.2024.

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Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jaynagar P.S. Case No. 15 of 2024 (G.R. No. 26 of 2024).

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(Rudra Prakash Mishra, J)

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rishi/-

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U T

Shrawan Kumar Mukhiya v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shrawan Kumar Mukhiya v. The State of Bihar

Case brief

What is this about?

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