Jayshin Mukhiya @ Jaysingh Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6476 of 2019 Arising Out of PS. Case No.-870 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Supaul ====================================================== JAYSHIN MUKHIYA @ JAYSINGH MUKHIYA Son of Ganeshi Mukhiya (M) Resident of village-Piprahipatti, Police Station-Ratanpura, DistrictSupaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun, Advocate For the Opposite Party/s :
Mr.Parmanand Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-02-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner is in custody in connection with Misc. Excise 870 of 2018, arising out of P.R. No. 102 of 2018 registered for the offence under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. He further submits that petitioner is in custody since 09.12.2018. He next contended that in the instant case total 660 liters of Nepali country made liquor was seized which was loaded in the boat of this petitioner. Learned counsel for the petitioner would submit that petitioner is a sailor and for livelihood he is sailing boat and he was not
Patna High Court Cr.Misc. No.6476 of 2019(2) dt.05-02-2019 2/2 aware of the fact that 30 gunny bags containing Nepali country made liquor has kept in his boat.
Considering the facts that the petitioner has no criminal antecedent and he is a sailor and sailing boat in the Ghat and he has remained in custody since 09.12.2018, let the petitioner named above be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Learned A.D.J. IIcum- Special Judge Excise Act, Supaul, in connection with Misc. Excise- 870 of 2018, arising out of P.R. No. 102 of 2018. (Anil Kumar Upadhyay, J) T.Kr./- U T