Fulchand Mukhiya @ Fulchan Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5164 of 2019 Arising Out of PS. Case No.-140 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== FULCHAND MUKHIYA @ FULCHAN MUKHIYA Son of Parichhan Mukhiya Resident of village Parigama, P.S.- Sitamarhi, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-01-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This is an application for grant of regular bail filed on behalf of the petitioner. Petitioner is in custody in connection with Case No. G.O.140 of 2018 for the alleged offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act 2016.

In the instant case, allegation is that 16.500 liters of Nepali wine has been recovered. Learned counsel representing the petitioner submits that petitioner has no criminal antecedent, and nothing was recovered from the conscious possession of the petitioner. Petitioner has no concern with the trade of liquor and he is in custody since 27.10.2018.

Patna High Court Cr.Misc. No.5164 of 2019(2) dt.30-01-2019 2/2 Considering the fact that petitioner has remained in custody for three months, this application is allowed. Accordingly, let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the 2nd Additional Sessions Judge-cum-Special Judge (Excise Act), Sitamarhi in connection with G.O. No. 140 of 2018. (Anil Kumar Upadhyay, J) mrl./- U T