Jagu Mukhiya @ Jaggu Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33235 of 2023 Arising Out of PS. Case No.-948 Year-2022 Thana- MOTIHARI TOWN District- East Champaran ====================================================== JAGU MUKHIYA @ JAGGU MUKHIYA Son of Ramchandra Mukhiya Resident of Village- Chailahan Bintoli, PS- Town, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :
Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 414, 467, 468, 471 and 34 of the Indian Penal Code and under Section 30(a) of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner has antecedent of five cases and allegation is of recovery of 59 liters of liquor from a motorcycle and Upendra and Dinesh were arrested.
Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession, it is next submitted
Patna High Court CR. MISC. No.33235 of 2023(2) dt.25-05-2023 2/2 that he came to be implicated based on the confessional statement of apprehended accused in police custody which does not have any evidentiary value. It is further submitted that petitioner is not the owner of the motorcycle. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Motihari Town P.S. Case No. 948 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T