Pradip Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6601 of 2021 Arising Out of PS. Case No.-29 Year-2020 Thana- SANGRAMPUR District- East Champaran ====================================================== 1.

Pradip Mukhiya Son of Shri Mukhiya R/O Village - Sangrampur Bin Toli, P.S. - Sangrampur, District - East Champaran. 2.

Gaya Mukhiya Son of Late Yado Mukhiya R/O Village - Sangrampur Bin Toli, P.S. - Sangrampur, District - East Champaran. 3.

Shobhan Mukhiya Son of Late Jogi Mukhiya R/O Village - Sangrampur Bin Toli, P.S. - Sangrampur, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhurendra Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioners are apprehending their arrest in a case registered for the offences punishable under

Patna High Court CR. MISC. No.6601 of 2021(2) dt.02-12-2021 2/3 Sections 272, 273 of the Indian Penal Code and Section 30(a), 35, 38 of the Bihar Prohibition & Excise Act. Learned counsel for the petitioners seeks permission to withdraw the application with regard to petitioner No. 1 since he has been arrested.

Permission is accorded.

Accordingly, the petition with regard to petitioner No. 1 is permitted to be withdrawn. The prosecution case as per F.I.R is that the informant, on receiving secret information raided in the area of Gandak Diyara and seized 45 litres of country made liquor and other solutions for making illicit liquor from different bhatti of different persons.

It is submitted by learned counsel for the petitioners that petitioners were not arrested from the spot and nothing incriminating materials have been recovered from the conscious possession of the petitioners. The recovery has been made from Diyara. A statement has been made in para 3 of the petition that

Patna High Court CR. MISC. No.6601 of 2021(2) dt.02-12-2021 3/3 petitioners have no criminal antecedents.

In the facts and circumstance of the case, let the petitioners, above named, except petitioner No. 1, in the event of their arrest or 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 Thousands) each with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge-cum-Special Judge, Excise, East Champaran, Motihari in connection with Sangrampur P.S. Case No. 29 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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