Deeplal Mukhiya And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45124 of 2016 Arising Out of PS.Case No. -101 Year- 2016 Thana -SATHI District- WEST CHAMPARAN (BETTIAH) ======================================================

1. Deeplal Mukhiya, son of Dukh Haran Mukhiya,

2. Bhagrasan Mukhiya, son of Late Bhiku Mukhiya,

3. Laxaman Mukhiya, son of Late Aklu Mukhiya,

4. Sugandhi Kuar @ Suganti Kuar, wife of late Sukat Das,

5. Mira Devi, wife of Vijay Mukhiya All resident of village Basantpur, Police Station Sathi, District West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Smt. Rita Verma ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 18-10-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accused-petitioners, namely, Deeplal Mukhiya, Bhagrasan Mukhiya, Laxaman Mukhiya, Sugandhi Kuar @ Suganti Kuar and Mira Devi, in connection with Sathi Police Station Case No. 101 of 2016, under Sections 272/273/34 of the Indian Penal Code and Sections 47 (a)/53(c)/54 of the Bihar Excise Amendment Act, 2016.

Perused the above application and materials on record.

Heard learned counsel for the petitioner and the State.

In view of the fact that the accused abovenamed has been in custody since 10.08.2016 in connection

Patna High Court Cr.Misc. No.45124 of 2016 (2) dt.18-10-2016 2/2 with the case aforementioned and perusal of the materials available does not reveal such incriminating materials, which would warrant further detention of the accusedpetitioners in custody, and in view also of the fact that the perusal of the materials does not reveal that the accusedpetitioners' liberty on bail would adversely affect their trial, it is, in the interest of justice, hereby directed that the accused above-named shall be released on bail of Rs. 10,000/- each with two sureties, each of the like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, West Champaran, at Bettiah, in connection with Sathi Police Station Case No. 101 of 2016.

This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court below, as may be directed. In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, CJ.)