Laxman Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10112 of 2020 Arising Out of PS. Case No.-800 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== LAXMAN MUKHIYA, Son of Dasharth Mukhiya, Resident of Village - Chailahan Kothi Bin Toli, P.S.- Banjariya, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hans Lal Kumar For the Opposite Party/s :
Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 272, 273/34 of the Indian Penal Code and 30 (A) (D), 38 (i) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that the allegation against the petitioner is of making illegal wine. There is recovery of 95 liters of country made liquor near Chhanoti river and there is no recovery from the conscious possession of the petitioner. The petitioner has no criminal antecedent. However, petitioner is agreed to deposit Rs.25,000/- (twenty five thousand) in the Juvenile Justice Fund of the State
Patna High Court CR. MISC. No.10112 of 2020(2) dt.03-03-2020 2/2 Social Welfare Department.
In the aforesaid facts and circumstances of the case, I am inclined to grant anticipatory bail to the above named petitioner, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned IX Additional Sessions Judge cum Special Judge, Excise Act, East Champaran, Motihari, in connection with Turkauliya (Banjariya) P.S. Case No. 800 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anjani Kumar Sharan, J) amitkumar/- U T