Patna High CourtCR. MISC./21934/2018bail granted

Vishwanath Mukhiya v. The State Of Bihar

2018-04-17Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21934 of 2018 Arising Out of PS.Case No. -177 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Vishwanath Mukhiya, Son of Late Bhorik Mukhiya, Resident of Khaira Ghat, P.S.-Banjoria, District-East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Kant Singh For the Opposite Party/s : Mr. Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Turkauliya (Banjaria) P.S. Case No. 177 of 2016 registered under Sections 272 and 273 of the Indian Penal Code and Sections 47A, 54 and 53(C) of the Bihar Prohibition and Excise Act, 2016.

10 litres of country made liquor and 40 litres of toddy are said to have been recovered from the house of the petitioner.

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 was not

Patna High Court Cr.Misc. No.21934 of 2018 (2) dt.17-04-2018 2/2 apprehended on the spot. He has been falsely implicated in the case. The house of the petitioner is inhabited by several family members and he had no knowledge of keeping of the said liquor in the house. He has no criminal antecedent and has been languishing in custody since 28.02.2018.

Considering the facts aforesaid, 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 Additional Session Judge 4th cum Special Judge, Excise, East Champaran in connection with Turkauliya (Banjaria) P.S. Case No. 177 of 2016.

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