Patna High CourtCR. MISC./68257/2018bail granted

Rinku Mukhiya And ORS v. The State Of Bihar

2018-12-03Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68257 of 2018 Arising Out of PS. Case No.-138 Year-2018 Thana- SATHI District- West Champaran ======================================================

1. Rinku Mukhiya, S/o Dukhan Mukhiya,

2. Bhushan Mukhiya, S/o Moti Mukhiya,

3. Moti Mukhiya, S/o Late Manai Mukhiya, All resident of Village- Basantpur, P.S.- Sathi, District- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Sathi P.S. Case No. 138 of 2018 registered for the offence punishable under Sections 272, 273, 413, 414, 467, 468, 471 and 34 of the Indian Penal Code. Allegation against the petitioners is of engaged in the business of manufacturing of illicit liquor and its transportation by motorcycle.

It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case. Nothing has been recovered from the possession of the petitioners. The seizure list witnesses are not independent witnesses and they have inimical terms with the petitioners. Petitioners have got no criminal antecedent and are in custody

Patna High Court Cr.Misc. No.68257 of 2018(4) dt.03-12-2018 2/2 since 11.08.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bettiah, West Champaran, in connection with Sathi P.S. Case No. 138 of 2018, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) ranjan/- U