Chunni Kumar Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49183 of 2024 Arising Out of PS. Case No.-222 Year-2020 Thana- Excise P.S. District- East Champaran ====================================================== Chunni Kumar Mukhiya Son Of Inal Mukhiya @ Indal Mukhiya VillageKoirgawan Bin Toli, Ps- Sangrampur, Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Adv.
For the Opposite Party/s :
Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Excise P.S. Case No. 222 of 2020 registered under Section 30(a) of Bihar Excise Act.
3. As per prosecution case, 20 liters illicit liquor has been recovered from the motorcycle.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to police mechanism. Further submission is that petitioner is neither the driver nor the owner of the seized motorcycle from which the illicit liquor has been recovered. Nothing has been recovered from the conscious possession of the petitioner. Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.49183 of 2024(2) dt.08-08-2024 2/2
5. Learned A.P.P. for the State opposed the prayer for bail.
6. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Court No. II, Motihari, East Champaran in connection with Excise P.S. Case No. 222 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T