Bhuteli Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33307 of 2019 Arising Out of PS. Case No.-111 Year-2016 Thana- SATHI District- West Champaran ====================================================== Bhuteli Mukhiya Son of Kamal Mukhiya Resident of Village- Basantpur, P.S.- Sathi, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Sathi P.S. Case No. 111 of 2016 registered for the offence punishable under Sections 272, 273, 290/34 of the Indian Penal Code and Sections 47(a), 53(c)/54 of Bihar Prohibition & Excise Act. 35 lts. of country made liquor is said to have been recovered from the hut of the petitioner and one Vyas Mukhiya and petitioner managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. Petitioner has no concern with the seized liquor. The hut of the petitioner is inhabited by

Patna High Court CR. MISC. No.33307 of 2019(2) dt.20-05-2019 2/2 his several other family members and he had no knowledge of keeping of liquor there. He was not apprehended on the spot. Petitioner has no criminal antecedent and has been languishing in custody since 13.02.2019.

On the other hand, learned APP for the State opposed the bail prayer of the petitioner.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, West Champaran at Bettiah in connection with Sathi P.S. Case No. 111 of 2016.

(Prakash Chandra Jaiswal, J) rohit/- U T