Lalan Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60083 of 2017 Arising Out of PS.Case No. -360 Year- 2017 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Lalan Mukhiya, s/o- Late Bhukhal Mukhiya, resident of Village- Rampur Naya Tola, P.S.- Jogapatti, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Baidya Nath Thakur For the Opposite Party/s : Mr. Yogendra Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-12-2017 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with West Champaran Muffasil PS case no. 360 of 2017 instituted for the offences punishable under Sections 30(D), 35, 41 of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 300 ltrs. of spirit from a tanker but the petitioner is the driver of another tanker.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, he has clean antecedent and is in custody since 03.09.2017. Considering the nature of accusation, clean

Patna High Court Cr.Misc. No.60083 of 2017 (2) dt.22-12-2017 2/2 antecedent and the period of custody undergone, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge (Excise) Bettiah at West Champaran in West Champaran Muffasil PS case no. 360 of 2017.

(Mohit Kumar Shah, J) rinkee/- U T