Sampat Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40950 of 2019 Arising Out of PS. Case No.-205 Year-2019 Thana- BAHADURPUR District- Darbhanga ====================================================== SAMPAT MUKHIYA, aged about 42 years, S/o Ram Prasad Mukhiya, R/o Village- Godiya, P.S.- Bahadurpur (Fekla O.P.), District- Darbhanga ... Petitioner

Versus

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

For the Petitioner :

Mr. Chandra Kant, Adv.

For the Opposite Party :

Mr. Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Bahadurpur (Fekla OP) P.S. Case No. 205 of 2019 for the offences alleged under Sections 272, 273 and 34 of the Indian Penal Code and 30(a), 38(2) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

The accusation is of recovery of four liters country made liquor concealing nearby the house of the petitioner in the field.

The learned counsel appearing for the petitioner submits that in fact the liquor is not belonging to the petitioner and mere on suspicion the petitioner has been falsely implicated in this case. The petitioner has no criminal antecedent. Learned Additional Public Prosecutor for the State

Patna High Court CR. MISC. No.40950 of 2019(2) dt.03-07-2019 2/2 opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Bahadurpur (Fekla OP) P.S. Case No. 205 of 2019 shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District Judge II, Darbhanga, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure.

(Rajendra Kumar Mishra, J) Shamshad/- U T