Shivji Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32941 of 2019 Arising Out of PS. Case No.-2 Year-2016 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Shivji Mukhiya son of Late Saryu Mukhiya, Resident of Village-Bishanpur, P.S-Rosera,District-Samastipur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Ms. Kumari Vandana, Advocate For the Opposite Party :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Excise Case No.02 of 2016 registered under Section 47 (a) and (f) of the Bihar Prohibition and Excise Act, 2016.

It is submitted by the learned counsel for the petitioner that neither the petitioner was apprehended on the spot nor any incriminating material was recovered from his possession. The prosecution report has been filed by the Excise Officer making allegation that petitioner's Jawa gur could not be seized and brought as the same was destroyed at the place of occurrence itself. He further contended that the petitioner has got roots in the society. He is in custody since 03.04.2019 and is not likely to abscond or tamper with the evidence.

Patna High Court CR. MISC. No.32941 of 2019(2) dt.20-05-2019 2/2 Learned counsel for the State has opposed the application for grant of bail to the petitioner. He contended that some raw materials being used in preparation of country made liquor was recovered from the house of the petitioner and when raid was conducted he managed to escape.

Be that as it may, considering the nature of offence and the submissions made above, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-2nd-cumSpecial Judge, Excise Act, Samastipur in connection with Excise No.02 of 2016 subject to the following conditions:- (a) that the petitioner shall attend court in accordance with the conditions of the bond executed, (b) that the petitioner shall not commit an offence similar to the offence of the present case, and (c) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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