Nakchhed Mukhiya @ Nakchhed Bin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27223 of 2023 Arising Out of PS. Case No.-10 Year-2023 Thana- KANGLI District- West Champaran ====================================================== Nakchhed Mukhiya @ Nakchhed Bin, Son Of Vishwanath Mukhiya R/O Gad Gamhariya, P.S.- Kangli, District- West Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 272, 273 of the I.P.C. and Sections 37(c) and 30(a) of the Excise Act. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 40 litre of liquor from a place near a bridge. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even the alleged recovery is from a place, which is accessible to public at large and does not belong to the petitioner and he came to be implicated by the Chaukidar with whom, he is on an inimical

Patna High Court CR. MISC. No.27223 of 2023(2) dt.16-05-2023 2/2 term. It is submitted that it appears that the Chaukidar with a view to save the real culprit falsely implicated the petitioner, when admittedly, the petitioner is a person with clean antecedent.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Bettiah, West Champaran in connection with Kangali P. S. Case No.10 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T