Amarjeet Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51045 of 2018 Arising Out of PS. Case No.-168 Year-2017 Thana- BITHAN BAZAR District- Samastipur ====================================================== Amarjeet Mukhiya son of Late Nago Mukhiya resident of village Jagmohara P.S. Bithan, District - Samastipur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhubneshwar Prasad For the Opposite Party/s :

Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Bithan P.S. Case No. 168 of 2017 registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Sections 30 (a) (d), 38(i)(ii) of Bihar Prohibition Excise Act, 2016. 60 lts. of java is said to have been recovered from the house of the petitioner and he managed to escape. 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 with the seized article. The house of the petitioner is inhabited by his several other family members and he had no knowledge of

Patna High Court Cr.Misc. No.51045 of 2018(2) dt.20-08-2018 2/2 keeping of aforesaid article in the house. He was not apprehended on the spot. He has no criminal antecedent. He has been languishing in custody since 20.07.2018. Similarly situated co-accused, namely, Daiyan Devi has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 07.08.2018 passed in Cr. Misc. no. 47954 of 2018. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cum-Special Judge, Excise Act, Samastipur in connection with Bithan P.S. Case No. 168 of 2017.

(Prakash Chandra Jaiswal, J) rohit/- U T