Sitaram Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20103 of 2018 Arising Out of PS.Case No. -43 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ======================================================

1. Sitaram Mukhiya S/o Mahesh Mukhiya, R/o Village- Brahmpur, Ward No. 12, Bathnaha, P.S.- Bathnaha, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in G.O. Case No.43 of 2018 registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

39.900 liters of Nepali liquor is said to have been recovered from the possession of the petitioner and petitioner was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has been falsely implicated in this case by planting the aforesaid recovery

Patna High Court Cr.Misc. No.20103 of 2018 (02) dt.11-04-2018 2/ 2 from his possession. He has no concern with the seized liquor. He has no criminal antecedent and has been languishing in custody since 14.02.2108.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II-cumSpecial Judge Excise Act, Sitamarhi in connection with Complaint Case No. G.O./43 of 2018.

(Prakash Chandra Jaiswal, J) Trivedi/- U T