Shri Kishun Mukhiya @ Srikishun Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63934 of 2018 Arising Out of PS. Case No.-505 Year-2017 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== SHRI KISHUN MUKHIYA @ SRIKISHUN SAHANI Son of late Bhadai Mukhiya Resident of Village- Hansuaha, P.S. Muffasil Motihari, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhurendra Kumar For the Opposite Party/s :

Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-10-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Muffasil P.S. Case No. 505 of 2017 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and under Section 30(a) of Prohibition and Excise Act.

Allegation against petitioner is recovery of 30 liters country made liquor from the bank of the river where petitioner along with other co-accused were selling the said liquor. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Nothing has been recovered from

Patna High Court Cr.Misc. No.63934 of 2018(2) dt.31-10-2018 2/2 the possession of the petitioner. He was not apprehended on the place of occurrence. He has no criminal antecedent. He is in custody since 29.07.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Motihari in connection with Muffsail P.S. Case No. 505 of 2017.

(S. Kumar, J) Rajiv/ManojU T