Munshi Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38205 of 2023 Arising Out of PS. Case No.-238 Year-2021 Thana- SANGRAMPUR District- East Champaran ====================================================== MUNSHI MUKHIYA S/O BACHCHALAL MUKHIYA R/O VillageKoirgawa Bin Toli, PS. Sangrampur, Dist. East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-07-2023 1.

Heard the learned counsel for the petitioner and the learned A.P.P. for the State. 2.

The petitioner apprehends his arrest in connection with Sangrampur P.S. Case No. 238 of 2021, registered for the offences punishable under Sections 30(a), 30(c), 32, 41(i) of the Bihar Prohibition and Excise Act, 2016.

3.

The allegation is regarding recovery of three litres of country made liquor from the Bhatti alleged to be that of the petitioner.

4.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and

Patna High Court CR. MISC. No.38205 of 2023(2) dt.28-07-2023 2/3 he is having a clean antecedent. The learned counsel for the petitioner has further submitted, by referring to paragraph no. 9 of the present petition, that the Bhatthi in question does not belong to the petitioner herein.

5.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.

6.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that it is the categorical averment of the petitioner that the Bhatti in question does not belong to the petitioner, prima facie this Court finds that no case is made out under the provisions of the Bihar Prohibition and Excise Act, 2016, hence the bar under Section 76(2) of the Act, 2016, shall not be an impediment in grant of anticipatory bail to the petitioner, thus I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory

Patna High Court CR. MISC. No.38205 of 2023(2) dt.28-07-2023 3/3 bail.

7.

Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Motihari, East Champaran in connection with Sangrampur P.S. Case No. 238 of 2022, subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T