Dinesh Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.798 of 2020 Arising Out of PS. Case No.-116 Year-2019 Thana- KHUTAUNA District- Madhubani ====================================================== DINESH MUKHIYA Son of Mahendra Mukhiya Resident of Village - Chanauraganj, P.S.- Jhanjharpur, Distt.- Madhubani. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 1480 of 2020 Arising Out of PS. Case No.-116 Year-2019 Thana- KHUTAUNA District- Madhubani ====================================================== AJAY KUMAR Son of Laxmi Das @ Laxman Das Resident of Village - Jhanjharpur Ward No. 14, P.S.- Jhanjharpur, Distt - Madhubani. ... ... Petitioner/s

Versus

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

(In both the cases) For the Petitioner/s :

Mr.Gagan Deo Yadav, Adv.

For the Opposite Party/s :

Mr.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-01-2020 Both the cases arise out of similar Police Station case number, hence, both are being heard together and are being disposed of by this common order.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek bail in connection with Khutauna P.S. Case No. 116 of 2019, registered under Sections 279, 337,

Patna High Court CR. MISC. No.798 of 2020(2) dt.21-01-2020 2/3 338, 272, 273 and 353 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The accusation is that on receiving secret information about carrying the liquor loaded on a Scorpio vehicle, the informant, along with other police personnel, reached at Khutauna Market and started to watch the vehicle. After some interval a white coloured Scorpio came, then, through torch light, signal was given to stop the vehicle, but, driver of the Scorpio dashed in front of the vehicle while driver of the Scorpio tried to flee away taking the vehicle, but, anyhow stopped. On search of vehicle, 1350 bottles, each containing 300 ml Nepali Saufi wine kept in several cartons recovered. The person bringing the vehicle disclosed his name Raushan Kumar whereas other three persons present in vehicle disclosed their names Dinesh Mukhiya (petitioner), Ajay Kumar and Raj Kumar.

Submission is that the petitioner has no criminal antecedent and is in custody since 17.11.2019. Having regard to the facts and circumstances of the case, let the petitioners, above named be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with

Patna High Court CR. MISC. No.798 of 2020(2) dt.21-01-2020 3/3 Khutauna P.S. Case No. 116 of 2019 to the satisfaction of the Additional District Judge II-cum-Special Judge, Excise, Madhubani.

(Rajendra Kumar Mishra, J) Shamshad/- U T