Chandrika Mukhiya v. The State Of Bihar

Patna High Court Cr.Misc. No.59080 of 2017 (2) dt.03-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59080 of 2017 Arising Out of PS.Case No. -170 Year- 2017 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Chandrika Mukhiya S/o Narshing Mukhiya, R/o Village- Tikulia, P.S.- Adapur, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Sinha, Advocate For the Opposite Party/s : Mr. Md. Sufiyan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Adapur P.S. Case No. 170 of 2017 instituted for the offences under Sections 272, 273/34 of the Indian Penal Code and under Section 30(A) of the Bihar Excise Act, 2016.

The allegation is regarding recovery of 55 bottles of illicit Nepali liquor from near the house of the petitioner. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and no recovery has been made either from the conscious possession of the petitioner or from his house. It is further submitted that the petitioner has a clean antecedent and he is in custody since

Patna High Court Cr.Misc. No.59080 of 2017 (2) dt.03-01-2018 07.08.2017.

Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner has got a clean antecedent, I direct the petitioner above named to be released on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII-cumSpecial Judge, Excise, East Champaran, Motihari in connection with Adapur P.S. Case No. 170 of 2017.

(Mohit Kumar Shah, J) S.Sb/- U T