Patna High CourtCR. MISC./34766/2019bail granted

Meghu Mukhiya v. The State Of Bihar

2019-05-28Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34766 of 2019 Arising Out of PS. Case No.-138 Year-2018 Thana- SATHI District- West Champaran ====================================================== 1.

MEGHU MUKHIYA S/o Hira Mukhiya R/o village- Basantpur, P.S.- Sathi, District- West Champaran 2.

Bhagrasan Bin S/o Dahri Bin R/o village- Basantpur, P.S.- Sathi, DistrictWest Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-05-2019 Heard learned counsels for the parties.

The petitioners are languishing in custody since 10.12.2018 in a case registered for the offences punishable under Sections 272,273,413,414,467,468 and 471/34 of the I.P.C. and Sections 30(a), 30(b) and 30(c) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is that 49 persons were apprehended while running country made liquor manufacturing unit. It is alleged that 35 litres country made liquor, 90 litres spirit were recovered and five thousand litres of spirit were destroyed, hence the same could not be seized.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.34766 of 2019(2) dt.28-05-2019 2/2 the accusation of manufacturing country made liquor is omnibus and general. Statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent. It is further submitted that co-accused persons have been granted bail by different Co-ordinate Benches of this Court.

Learned APP submits that a unit of manufacturing illicit country made liquor was being run.

Considering the nature of accusation, the fact that coaccused persons have been granted bail by Co-ordinate Benches of this Court, coupled with the period in custody, let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, West Champaran at Bettiah in connection with Sati P.S. Case No.138 of 2018.

(Dinesh Kumar Singh, J) anil/- U