Bir Mukhia @ Bir Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77264 of 2018 Arising Out of PS. Case No.-496 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== 1.

Bir Mukhia @ Bir Mahto and Anr null null 2.

Ashok Mukhia @ Ashok Mahto, Both Sons of Late Banhu Mahto, Resident of Village- Punjaha Patjirawa, P.S.- Srinagar Pujaha, Dist- 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.Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-04-2019 Heard the parties.

The petitioners seek anticipatory bail in connection with Bettiah Town P. S.Case No. 496 of 2018, registered for offences punishable under Sections 30A of Bihar Prohibition and Excise Act.

As per F.I.R., allegation against the petitioners is that the police intercepted three motorcycles containing Royal stag liquor and thereafter they tried to flee away from there and three persons succeeded in fleeing away but apprehended person disclosed the name of the petitioners. Submission of the learned counsel for the petitioners is that they have falsely been implicated in this case and neither the seized motorcycle nor the seized liquor has been recovered

Patna High Court CR. MISC. No.77264 of 2018(3) dt.12-04-2019 2/2 from the possession of the petitioners and the petitioners have clean antecedents.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named, in the event of his arrest or surrender, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each in connection with Bettiah Town P.S.Case No. 496 of 2018, to the satisfaction of learned Special Judge, Excise, Bettiah, West Champaran, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

sudha/- (Vinod Kumar Sinha, J) U T