Jay Kisun Mukhiya @ Jaikishun Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43689 of 2022 Arising Out of PS. Case No.-423 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== JAY KISUN MUKHIYA @ JAIKISHUN MUKHIYA Son of Prasad Mukhiya Resident of Village - Ward No. 08, Belwa Tola Sihpur, P.S.- Sikarpur, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 20 liters of liquor from a gallon kept on a motorcycle.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that petitioner had lent his motorcycle to his friend

Patna High Court CR. MISC. No.43689 of 2022(2) dt.30-08-2022 2/2 and as such was completely unaware that the same would be misused for such illegal purpose, it is next submitted that the petitioner came to be implicated based on secret information and not on the ground that the motorcycle belongs to him, this amply demonstrates the false implication of the petitioner. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sikarpur P.S. Case No. 423 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T