Raju Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18878 of 2021 Arising Out of PS. Case No.-30 Year-2020 Thana- PUPRI District- Sitamarhi ====================================================== RAJU MUKHIYA S/o Radhan Mukhiya Resident of Village- Awapur Utari ward no. 2, P.S.- Pupri, District- Sitamarhi. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects, as pointed out by the office, when called upon to do so by the office. The petitioner is/are apprehending his/their arrest in connection with Pupri P.S. Cas No. 30 of 2020 for the offence registered under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act. The prosecution case in nutshell is that 17.4 liters of Nepali Saufi country liquor was recovered at Abhapur Market boundary.

Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in

Patna High Court CR. MISC. No.18878 of 2021(2) dt.15-12-2021 2/2 connection with the present case. It is further submitted that no incriminating article i.e. wine was recovered from the conscious and constructive possession of the petitioner. It is further submitted that name of the petitioner has come into light on the identification of chowkidar. It is further submitted that the petitioner was not apprehended on the spot and he has no criminal antecedent.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his/their arrest/surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ADJ -II cum Special Judge, Excise Act, Sitamarhi in connection with Pupri P.S. Case No. 30 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Sunil Kumar Panwar, J) Jagdish/- U T