Jatan Mukhiya And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67303 of 2018 Arising Out of PS. Case No.-268 Year-2018 Thana- DHAKA District- East Champaran ======================================================

1. Jatan Mukhiya, Son of Bipat Mukhiya

2. Makho Mukhiya, Son of Kawait Mujkhiya

3. Rajesh Mukhiya @ Ram Ekbal Mukhiya @ Rami Kabal Mukhiya Son of Parikshan Mukhiya @ Parichhan Mukhiya All Resident of Village-Bisarhiya, P.S.-Dhaka, Distt.-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhav Jha, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 18-12-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Dhaka P.S. Case No.268 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Considering the allegation of being indulged in trade of nepali country-made liquor and recovery of about 220 bottles of nepali country-made liquor from three bicycles, which the petitioners abandoned as also the provisions prescribed under sub-section (2) of Section 76 of the Bihar Prohibition and Excise Act, 2016, I am not inclined to grant them pre-arrest bail. The application is rejected.

Patna High Court Cr.Misc. No.67303 of 2018(3) dt.18-12-2018 2/2 In case the petitioners surrender and seek bail, the same shall be considered on its own merit without being prejudiced in any manner by this order.

(Ashwani Kumar Singh, J.) Sanjeet/- U T