Shivji Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74757 of 2018 Arising Out of PS. Case No.-277 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Shivji Mukhiya Son of late Saryu Mukhiya Resident of Village- Bishanpur, P.S. Rosera, District-Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner and learned APP representing the State.

Petitioner is seeking anticipatory bail in connection with T.R.No.1108 of 2018, arising out of Excise Case No.277 of 2017, registered for the offences punishable under Sections 30(a), (d) and 38(1) of the Bihar Prohibition and Excise Act, 2016.

As per the First Information Report, allegation against the petitioner is that when the police raided the house of the petitioner some intoxicant articles were recovered and the petitioner had fled away on seeing the police party. Learned counsel for the petitioner submits that the alleged recovery or seizure of the intoxicant or liquor is not

Patna High Court Cr.Misc. No.74757 of 2018(2) dt.20-12-2018 2/3 from the residence of the petitioner or any other place belonging to the petitioner. The allegation is that on seeing the police party the petitioner had fled away. However it is a case of false implication. It is submtited that the petitioner has got no criminal antecedent and is ready and willing to cooperate with the investigation. It is further submitted that in absence of there being any connection of the petitioner with the alleged occurrence, he is required to be protected.

Learned APP for the State is present and has opposed the prayer for bail.

In the given facts and circumstances, in case of arrest or surrender of the petitioner within a period of four weeks from today, the abovenamed petitioner shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) with two sureties of the like amount each to the satisfication of the learned Additional District and Sessions Judge, Iind-cumSpecial Judge, Excise Act, Samastipur in connection with T.R.No.1108 of 2018 arising out of Excise Case No.277 of 2017, subject to the condition that petitioner shall join the investigation by reporting to the Investigating Officer within a period of three weeks from today and shall cooperate in course of investigation, failing which the Investigating Officer shall be

Patna High Court Cr.Misc. No.74757 of 2018(2) dt.20-12-2018 3/3 at liberty to take steps for cancellation of his bail bond. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C.

(Rajeev Ranjan Prasad, J) arvind/- U T