Gaya Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.631 of 2019 Arising Out of PS. Case No.-162 Year-2018 Thana- SANGRAMPUR District- East Champaran ====================================================== Gaya Mukhiya Son of Late Jado Mukhiya age about 55 years ,Male Resident of Village- Sangrampur Bintoli, P.S.- sangrampur, District- East Champaran. Motihari, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Usha Kumari For the Opposite Party/s :

Mr.Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-01-2019 The petitioner seeks bail in anticipation of his arrest in connection with Sangrampur P.S. Case No. 162 of 2018 dated 20.09.2018 instituted for the offences under Sections 30(a) of the Bihar Prohibition & Excise Act, 2016.

A small quantity of liquor is said to have been recovered from the hut of one Ashok Mukhiya. Thereafter, it is alleged in the F.I.R that two litres of liquor was also recovered from the hut of the petitioner.

The learned counsel for the petitioner has submitted that petitioner was not present in his hut and

Patna High Court Cr.Misc. No.631 of 2019(2) dt.17-01-2019 2/3 he has been falsely framed by the excise officials because the hut of the petitioner is situated adjacent to the hut of Ashok Mukhiya. Because of some protest raised by the local villagers, other persons of the village were also attempted to be made accused and in the process, recovery of two litres of liquor has been malafidely shown from the hut of the petitioner.

Since the petitioner was absent from the hut, the correctness of the seizure proceedings is seriously questioned as the seizure list has not been served upon anyone of the relatives of the petitioner.

The petitioner does not have any criminal antecedents.

Regard being had to the aforesaid facts, the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(ten thousands) with two sureties of the like amount each to the satisfaction of learned VIIth Additional Sessions

Patna High Court Cr.Misc. No.631 of 2019(2) dt.17-01-2019 3/3 Judge-cum-Special Judge, Excise, Motihari in connection with Sangrampur P.S. Case No. 162 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Shageer/- U T