Umesh Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56107 of 2021 Arising Out of PS. Case No.-186 Year-2020 Thana- SANGRAMPUR District- East Champaran ====================================================== UMESH MUKHIYA Son of Yogendra Mukhiya Resident of VillageKoirgawan, P.S.- Sangrampur, District- East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-12-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered for the offence under Sections-30(a), 32 & 41(i) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 50 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.56107 of 2021(2) dt.03-12-2021 2/3 petitioner. The petitioner has been falsely implicated in the present case. It is alleged that out of 50 litres, 10 litres wine is recovered from the motorcycle, 20 litres wine is recovered from joint house of co-accused and 20 litres wine is recovered from another motorcycle. The house and the motorcycles do not belong to the petitioner. The name of the petitioner has transpired in this case on the basis of disclosure made by local residents. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Judge,

Patna High Court CR. MISC. No.56107 of 2021(2) dt.03-12-2021 3/3 Excise Act, Motihari, East Champaran in connection with Sangrampur P.S. Case No. 186 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T