Dinesh Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51522 of 2017 Arising Out of PS.Case No. -220 Year- 2017 Thana -SURSAND District- SITAMARHI ======================================================

1. Dinesh Mukhiya Son of Late Yogendra Mukhiya Resident of VillageMadherpur P.S. Bajpatti Distt. Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Sursand P.S. Case No. 220/17 for offences punishable under Sections 30(A), 38, 41 of the Bihar Excise Act.

The prosecution case, as lodged by the police personnel, is that huge quantity of Nepali Sophy wine was recovered from a tempo and from the possession of petitioner, who was coming in a bicycle, about 35 litres of Nepali Sophy wine was recovered. Accordingly, a seizure-list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case due to village politics.

Patna High Court Cr.Misc. No.51522 of 2017 (2) dt.06-11-2017 2/2 He submits that he is languishing in judicial custody since 22.08.2017.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on completion of three months in custody on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II, Sitamarhi, in connection with Sursand P.S. Case No. 220/17, subject to the following conditions :

(i) Both the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating their relationship with the petitioner.

(ii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds. (Nilu Agrawal, J) Rajesh/- U T