Chhote Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54702 of 2023 Arising Out of PS. Case No.-44 Year-2023 Thana- BISFI (PATAUNA) District- Madhubani ====================================================== CHHOTE MUKHIYA, Son Of Jagdev Mukhiya, Resident Of VillageSohans, P.O.- Jafara, P.S.- Bisfi, Dist -Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-08-2023

1. Heard learned counsel for the Petitioner and learned APP for the State

2. Petitioner apprehends his arrest in connection with Bisfi(Patauna) P.S. Case No. 44 of 2023 dated 08.02.2023 registered for the offence(s) punishable under Section(s) 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise act.

3. The main submissions advanced by petitioner's counsel are that the alleged liquor was not recovered from the conscious possession of this petitioner and he has been made accused merely on the basis of secret information and the alleged offences of the FIR do not even primafacie attract against him and petitioner has fair and clean antecedent.

4. Learned APP appearing for the State has opposed the prayer for bail.

Patna High Court CR. MISC. No.54702 of 2023(2) dt.23-08-2023 2/2

5. Heard both the sides and perused the FIR and the seizure memos concerned to the recovery of liquor. In the present matter, the alleged liquor was recovered from two different places and one place is situated behind the Gumati of the co-accused Shankar Mahto and the second place is stated to be a pond situated behind the house of co-accused Jitendra Mukhiya accordingly, petitioner's connection to both the places of recovery does not appear and he has been dragged in this case merely on the basis of secret information and he has fair and clean antecedent, this Court is inclined to accept his prayer for anticipatory bail. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs.

10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Bisfi(Patauna) P.S. Case No. 44 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J.)