Shambhu Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30790 of 2023 Arising Out of PS. Case No.-357 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== 1.

Shambhu Mukhiya, Son Of Kailash Mukhiya Resident Of Village - Madhubani Ghat, P.S. - Muffasil Motihari, Distt. - East Champaran 2.

Nandu Mukhiya, Son Of Langatu Mukhiya Resident Of Village - Madhubani Ghat, P.S. - Muffasil Motihari, Distt. - East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

The learned counsel for the petitioners submits that the petitioner no.1 has antecedent of one case and petitioner no.2 is person with clean antecedent and the allegation is of recovery of 25 litre of liquor along with 4000 litre of raw material from a place near a river.

The learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession and even alleged recovery is from a place, which is accessible to public at large and do not belong to the petitioners. It is next submitted that

Patna High Court CR. MISC. No.30790 of 2023(2) dt.19-05-2023 2/2 petitioners came to be implicated based on secret information, which is the easiest way to implicate someone. It is next submitted that it appears that the police in order to save the real culprit falsely implicated the petitioners based on secret information. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Court No.2, Motihari, East Champaran in connection with Excise P. S. Case No.357 of 2021, 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