Munna Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10688 of 2019 Arising Out of PS. Case No.-374 Year-2018 Thana- BAHADURPUR District- Darbhanga ====================================================== Munna Mukhiya, Male, age- 42 years, Son of Muneshwar Mukhiya, Resident of Village- Ughara, P.S.- Bahadurpur (Pator O.P.), District- Darbhanga. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Nawal Kishor Prasad For the Opposite Party/s :
Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 22-02-2019 Perused the bail petition.
In this case, the petitioner is seeking anticipatory bail in connection with Bahadurpur P.S. Case No. 374 of 2018, G.O. Excise Case No.725 of 2018, registered for the offence under Sections 30(a) and 30 (d) of the Bihar Prohibition and Excise Act, 2016.
2.5 litres of country made liquor has been recovered from the house of the petitioner. It has been stated in in paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.
Looking to the quantum of recovered liquor, let the petitioner, namely, Munna Mukhiya, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on
Patna High Court Cr.Misc. No.10688 of 2019(6) dt.22-02-2019 2/2 furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the A.D.J. V-cum- Special Judge (Excise), Darbhanga, in connection with G.O. Excise case no.725 of 2018 / Bahadurpur P.S. Case No.374 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
However, at the time of accepting the bail bonds, the Court below would verify and assure itself regarding the criminal antecedent of the petitioner. If he is having clean antecedent, then his bail bond would be accepted. If he is found to be involved in any other case before filing of this application i.e. 21.02.2019, then his bail bond would not be accepted. (Shivaji Pandey, J) pawan/- U T