Sohan Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9608 of 2023 Arising Out of PS. Case No.-346 Year-2022 Thana- MAHESI District- East Champaran ====================================================== 1.

SOHAN MUKHIYA Son of Ram Naresh Mukhiya R/V- Sishani P.SPakaridayal, Dist- East Champaran 2.

Jitendra Kumar Son of Birendra Singh R/V- Chaita @ Chita Road, P.SPakridayal, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-04-2023 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Sections 30(a), 32(i)(ii), 36, 41(i) of Bihar Prohibition and Excise Act.

1193 liters of foreign liquor has been recovered from three different vehicles and apprehended persons disclosed the name of petitioners and others, as their associates. It is submitted on behalf of petitioners that petitioners are neither owner nor driver of any of the seized vehicles and have got no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioners. Petitioners have got clean antecedent.

Patna High Court CR. MISC. No.9608 of 2023(2) dt.25-04-2023 2/2 Considering the nature of allegation and clean antecedent of petitioners, let the above named petitioners, in the event of their arrest or surrender within a period of six weeks from today, 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 learned Exclusive Special Excise Court No. 1, Motihari, East Champaran in connection with Mehsi P.S. Case No. 346 of 2022, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J) anay/- U T