Ganesh Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24547 of 2021 Arising Out of PS. Case No.-127 Year-2020 Thana- SATHI District- West Champaran ====================================================== 1.

GANESH MUKHIYA Son of Chuni Mukhiya Resident of village - Basantpur, P.S.- Sathi, Distt.- West Champaran. 2.

Sunil Mukhiya Son of Kolaie Mukhiya @ Kolai Mukhiya Resident of village - Basantpur, P.S.- Sathi, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-08-2021 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioners are apprehending their arrest in Sathi P.S. Case No. 127 of 2020 registered for the offence under Sections-30(a), 30(c) & 30(d) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 30 liters Jawa Mahua is recovered.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.24547 of 2021(2) dt.03-08-2021 2/3 there is no allegation of tampering of witnesses alleged against them. They have been falsely implicated in the present case. It is alleged that 15 litres wine is recovered from the co-accused Pramod Mukhiya and 15 litres wine is recovered from Bathan of Sheshnath Mukhiya. The names of the petitioners have transpired in this case on the basis of disclosure made by coaccused. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in the present case. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioners above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Special Judge, Excise Act, Bettiah, West Champaran in connection with Sathi P.S. Case No. 127 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of

Patna High Court CR. MISC. No.24547 of 2021(2) dt.03-08-2021 3/3 Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T