Ganga Ram Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2367 of 2018 Arising Out of PS.Case No. -50 Year- 2017 Thana -KHIRHAR District- MADHUBANI ====================================================== Ganga Ram Mukhiya, Son of Sri Saini Mukhiya, resident of VillageLakhanipur Mangratha, P.S.- Khirhar, District- Madhubani. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Khirhar P.S. Case no. 50 of 2017 registered under Sections 272, 273, of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act-2016.

111 lts. of Nepali wine and about 6 lts. of foreign liquor are said to have been recovered from the bush located towards north of the house of the petitioner and the petitioner managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his conscious physical possession. The petitioner has neither concern with the

Patna High Court Cr.Misc. No.2367 of 2018 (2) dt.23-01-2018 2/2 seized liquor nor with the place of occurrence. He has no criminal antecedent. The petitioner has been languishing in custody since 07.09.2017.

Considering the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Addl. Sessions JudgeII-cum-Spl. Judge, Excise Act, Madhubani in connection with Khirhar P.S. Case no. 50 of 2017.

(Prakash Chandra Jaiswal, J) rohit/- U T