Patna High CourtCR. MISC./8711/2017allowed

Bimlesh Mukhiya @ Bimlesh @ Bimal Mukhiya v. The State Of Bihar

2017-03-09Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.8711 of 2017 (3) dt.09-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8711 of 2017 Arising Out of PS.Case No. -149 Year- 2016 Thana -SINGHIYA District- SAMASTIPUR ====================================================== Bimlesh Mukhiya @ Bimlesh @ Bimal Mukhiya S/o Late Fhulo Mukhiya, Resident of Village-Gadua P.S.-Singhiya, District-Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Sri Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 09-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in connection with Singhia P.S. Case No. 149 of 2016 registered under Sections 47(a)/57 of the Bihar Excise Amendment Act, 2016 and 30(a), 38(1) (2), 41(1) of Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that he has been falsely implicated in the present case. His name has come only on confessional statement of co-accused Jamun Sada which has no evidentiary value in the eye of law. Also there is no recovery from the possession of the petitioner. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender within

Patna High Court Cr.Misc. No.8711 of 2017 (3) dt.09-03-2017 period of four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, V, Rosera, Samastipur in connection with Singhia P.S. Case No. 149 of 2016 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Prakash/- U T