Ranjan Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40187 of 2020 Arising Out of PS. Case No.-205 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== RANJAN MUKHIYA Son of Sri Ramesh Mukhiya Resident of VillageNinwaliya, P.S.- Majhaulia, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-06-2021 Heard Mr. Umesh Chandra Verma, learned counsel for the petitioner and Mr. Atul Chandra, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Majhaulia P.S. Case No. 205 of 2020 instituted for the offences under Sections 30(a), 37(b), 37(c) of the Bihar Prohibition and Excise Act, 2016. According to the First Information Report, two persons fled away leaving behind liquor vessels. Those persons were identified as Kashi Manjhi and Ajay Manjhi. Thereafter the police party raided the village Ninwaliya and found that some persons were sitting with huge quantity of

Patna High Court CR. MISC. No.40187 of 2020(2) dt.15-06-2021 2/3 liquor kept in a gallon. Those persons also managed to run away. The local persons disclosed that one of the persons who had run away was the petitioner.

Learned counsel for the petitioner has submitted that except for such stray information by the local persons, there is nothing on record to suggest that the petitioner was in possession of liquor. One person by the name of Pramod Mahto was apprehended in a drunken state. Except for such vague accusation, there is nothing in the records which would demonstrate that any offence under the Excise Act can at all be said to have been made out against the petitioner. The petitioner does not have criminal antecedents. Considering the aforesaid facts, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, West Champaran at Bettiah, in connection

Patna High Court CR. MISC. No.40187 of 2020(2) dt.15-06-2021 3/3 with Majhaulia P.S. Case No. 205 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T