Suresh Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24169 of 2018 Arising Out of PS.Case No. -17 Year- 2018 Thana -BITHAN BAZAR District- SAMASTIPUR ====================================================== Suresh Mukhiya, Son of Late Dhodhay Mukhiya, Resident of VillageBithan Sahni Tola, Police Station- Bithan, District- Samastipur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Kundan Kumar For the Opposite Party/s : Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

40 Kg of Java is said to have been recovered from the house of the petitioner and the petitioner was apprehended. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized java. The house of the petitioner is inhabited by several family members and he had no knowledge of keeping of

Patna High Court Cr.Misc. No.24169 of 2018 (2) dt.30-04-2018 2/2 the said java in the house. He has no criminal antecedent. He has been languishing in custody since 12.03.2018. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Session Judge-III cum Special Judge, Excise Act, Samastipur in connection with Bithan P.S. Case No. 17 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T