Rinku Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.10187 of 2020 Arising Out of PS. Case No.-67 Year-2019 Thana- SATHI District- West Champaran ====================================================== RINKU MUKHIYA Son of Dukhan Mukhiya Resident of Village - Basantpur, P.S. - Sathi, District - West Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-06-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking anticipatory bail in connection with Sathi P.S. Case No. 67 of 2019 registered for the offence punishable under Sections 413, 414, 467, 468, 471 of the Indian Penal Code and Sections 30(a)/30(b)/30(c) of the Bihar Prohibition & Excise Act.

Learned counsel for the petitioner submits that on a bare perusal of the first information report it would appear that by making a general and omnibus kind of allegations that 44 persons are engaged in manufacturing and sale of illicit liquors, the present FIR has been lodged in which the petitioner has been shown at serial no. 34. Nothing has been recovered from his possession, he is having clean antecedent and the co-accused

Patna High Court CR. MISC. No.10187 of 2020(2) dt.12-06-2020 2/3 Moti yadav, Meghu Mukhiya, Prabhu Mukhiya and Santosh Mukhiya have been granted anticipatory bail by a learned coordinate Bench of this Court in Cr. Misc. No. 65710 of 2019. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

Considering that save and except mentioning the name of the petitioner as one of 44 accused who are said to have been dealing in sale of illicit liquor, there is no material to connect the petitioner with the present case, he has no criminal antecedent and co-accused have been granted privilege of anticipatory bail, let the petitioner above named in the event of his arrest or surrender within a period of four weeks from today in connection with Sathi P.S. Case No. 67 of 2019 be released on bail on furnishing of bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bettiah, West Champaran, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any

Patna High Court CR. MISC. No.10187 of 2020(2) dt.12-06-2020 3/3 person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. This application stands allowed.

(Rajeev Ranjan Prasad, J) avin/-rajeev U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.