Umesh Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11781 of 2016 Arising Out of PS.Case No. -28 Year- 2015 Thana -GOVERNMENT OFFICIAL COMP. District- EAST CHAMPARAN(MOTIHARI) ====================================================== Umesh Mukhiya, Son of Ramchandra Mukhiya, Resident of village - Chailaha Bind Toli, P.O. and P.S.- Banjaria, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar, Advocate For the Opposite Party/s : Mr. Anil Kumar(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-05-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Excise Case No.28 of 2015 for allegedly having committed the offence under Section 47 of the Excise Act. Learned counsel for the petitioner submits that neither there has been any recovery from the person of the petitioner nor from his conscious possession. The land from which the alleged recovery of illicit liquor was made was also not belonging to the petitioner. It is further submitted that the name of the petitioner has been drawn into the present case only on account of the fact that the seizure list witness has inimical terms with the present petitioner.

Patna High Court Cr.Misc. No.11781 of 2016 (3) dt.10-05-2016 2/2 In view of the aforementioned facts and circumstances and that the petitioner has no criminal antecedents, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Excise Case No.28 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T