Jagu Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42190 of 2022 Arising Out of PS. Case No.-976 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== Jagu Mukhiya Son Of Dasrath Mukhiya Resident Of Village - Chailaha Bin Toli, P.S.- Banjariya, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Sections 30(a)(b)(c) of the Bihar Prohibition & Excise Act. There is recovery of 35 litres of Country made liquor from the bank of the river.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no con-

Patna High Court CR. MISC. No.42190 of 2022(2) dt.13-10-2022 2/2 cern either with the seized liquor or with the place of seizure. The name of the petitioner sprang up due to village politics and inimical terms with the witnesses. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his 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) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, I/C, East Champaran, Motihari in connection with Turkauliya (Banjariya) P.S. Case No. 976 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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