Patna High CourtCR. MISC./15386/2017bail granted

Harikishun Mukhia And ANR v. The State Of Bihar

2017-03-29Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15386 of 2017 Arising Out of PS.Case No. -416 Year- 2016 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Harikishun Mukhia, S/o Sri Mukhia,

2. Shyam Kishore Mukhia, S/o Shri Prasad Mukhia, Both R/o VillageNansagara Dhath, P.S.- Simraungarh Bara, Nepal. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Mr. Sri Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 29-03-2017 Heard learned counsels for the petitioners and the State.

The petitioners, already in custody, seek bail in connection with Ghorasahan P.S.Case No. 416 registered under Sections 272 and 273 of the Indian penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Allegation in brief is that 7-8 persons were carrying illicit Nepali Soffi wine kept in sacks and seeing the police, threw the sacks and tried to flee away, but apprehended by the police. Submission is that seizure list indicates that no liquor was recovered from the conscious possession of the petitioner rather shows recovery of only mobile phones from the possession of the petitioners and another co-accused, namely, Sanjay Mandal,

Patna High Court Cr.Misc. No.15386 of 2017 (2) dt.29-03-2017 2/2 whose case stands on similar footing, has been enlarged on bail by a co-ordinate Bench of this Court by order dated 13.02.2017 passed in Cr. Misc. No. 4502 of 2017 and these petitioners are in custody since 24.10.2016, having no any criminal antecedent. Having considered the aforesaid facts and circumstances, the petitioner, namely, Harikishun Mukhia and Shyam Kishore Mukhia, are directed to be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Sikarhana, East Champaran in connection with Ghorasahan P.S.Case No. 416 of 2016.

(Arun Kumar, J) Sujit/- U