Patna High CourtCR. MISC./31037/2018bail granted

Dinesh Mukhiya v. The State Of Bihar

2018-05-21Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31037 of 2018 Arising Out of PS. Case No.-17 Year-2018 Thana- BITHAN BAZAR District- Samastipur ====================================================== Dinesh Mukhiya Son of late Kaleshwar Mukhiya Resident of Village+P.O. +P.S. Bithan, District Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhubneshwar Prasad For the Opposite Party/s :

Mr. Sir Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks Anticipatory bail in connection with Bithan P.S. Case No. 17 of 2018 registered under Sections 272, 273 of the Indian Penal Code, 1860 and Sections 30(a), 30(d) of Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is of preparation of illegal liquor in his house.

Learned counsel for the petitioner submitted that no incriminating material has been recovered from the house of the petitioner. Allegation in the FIR against petitioner is that smell of liquor was coming from his house and on such basis he has been made accused in this case.

Patna High Court Cr.Misc. No.31037 of 2018(2) dt.21-05-2018 2/2 Considering the facts and circumstances of the case, prayer of Anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below within four weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judge-cumSpecial Judge, Excise Act, Samastipur, in connection with 17 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) veena/- U T