Chuman Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10828 of 2019 Arising Out of PS. Case No.-119 Year-2018 Thana- SIKTA District- West Champaran ======================================================
1. Chuman Mukhiya Son of Motilal Mukhiya @ Moti Mukhiya Resident of Village - Shikarpur, P.S.-Sikta, Dist.-West Champaran.
2. Murari Kunwar Son of Late Tara Kunwar Resident of Village - Shikarpur, P.S.-Sikta, Dist.-West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 22-02-2019 Heard learned counsel for the petitioners and learned APP for the State.
This is an application for grant of regular bail filed on behalf of the petitioners. Petitioners are in custody in connection with Sikta PS Case No. 119 of 2018 for the alleged offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
Allegation is that total 54 liters of liquor was seized in the instant case. Learned counsel representing the petitioners submits that petitioners have no criminal antecedent and nothing was recovered from their conscious possession. Learned counsel further submits that liquor was seized from the bicycle which does not belong to the petitioners. There is two days delay in
Patna High Court Cr.Misc. No.10828 of 2019(2) dt.22-02-2019 2/2 sending the FIR to the Special Judge, Bettiah, West Champaran. They are in custody since 30.11.2018.
Considering the fact that petitioners have no criminal antecedent and they are in custody since 30.11.2018, this application is allowed. Accordingly, let the petitioners above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Bettiah, West Champaran in connection with Sikta PS Case No. 119 of 2018.
(Anil Kumar Upadhyay, J) mrl./- U T