Dharmveer Mukhiya @ Dharam Mukhiya @Dharamveer Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41537 of 2018 Arising Out of PS. Case No.-153 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Dharmveer Mukhiya @ Dharam Mukhiya @Dharmveer Mukhiya, S/o Bhaglu Mukhiya, R/o Mohalla-Malah Toli Desari, P.S. Bibhutipur, Distt-Samastipur. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Narain Sinha For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Excise Case No. 153 of 2018 registered under Sections 30(a)(d) and 38(i) of Bihar Prohibition and Excise Act-2016. 20 lts. of country made liquor, machine meant for brewing the liquor and 360 lts. java jaggery is said to have been recovered from brewing place of the petitioner and he was apprehended.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern either with the seized articles or with the place of
Patna High Court Cr.Misc. No.41537 of 2018(2) dt.11-07-2018 2/2 recovery or with any trade of liquor. He has been falsely implicated in this case by the personnel of Excise Department merely on suspicion while he was passing through the place of occurrence at the time of occurrence. He has no criminal antecedent. He has been languishing in custody since 19.05.2018.
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 6th Addl. Sessions Judge-cum-Special Judge, Excise, Samastipur in connection with Excise Case No. 153 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T