Suresh Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18805 of 2019 Arising Out of PS. Case No.-331 Year-2018 Thana- BAJPATTI District- Sitamarhi ====================================================== SURESH MUKHIYA Son of Indal Mukhiya Resident of Village - Bajpatti Gote Bind Tola, P.S.- Bajpatti, District - Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Virendra Kumar For the Opposite Party/s :
Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-05-2019 This application, for grant of anticipatory bail, arises out of Bajpatti P.S. Case No. 331 of 2018, disclosing offences under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of Bihar Excise Act.
Allegation against the petitioner is of recovery of 31.5 litres of liquor from the Baswadi of the petitioner. Submission of learned counsel for the petitioner is that nothing has been recovered either from the conscious possession or from the house of petitioner and though it is alleged that the recovery has been made from the Baswadi, however, the same is in the name of his father and he has already been arrested in connection with this case. Heard learned A.P.P. also.
Having heard both sides, in view of the above facts,
Patna High Court CR. MISC. No.18805 of 2019(3) dt.07-05-2019 2/2 this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J.- Iiccum-Special Judge, Excise Act, Sitamarhi, in connection with Bajpatti P.S. Case No. 331 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T