Vishwanath Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62876 of 2021 Arising Out of PS. Case No.-1 Year-2021 Thana- SANGRAMPUR District- East Champaran ====================================================== VISHWANATH MUKHIYA Son of Shobhan Mukhiya Resident of Village - Sangram Pur Bin Toli, P.S.- Sangram Pur, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2022 Heard learned counsel for the petitioner and learned app for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Prohibition Act, 2016 As per allegation in the F.I.R. total 300 litres liquid for preparing wine was destroyed and 15 litres country made wine was recovered from the Bhati of Vishwanath Mukhiya (Petitioner).

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.62876 of 2021(2) dt.18-05-2022 2/2 has submitted that petitioner is innocent and has been falsely implicated in this case. He has got no criminal antecedent. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Learned APP appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner. Having heard learned counsel for the parties and taking into consideration that the alleged bhati belongs to the petitioner, from where recovery of country made wine has been made.

I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

(Sunil Kumar Panwar, J) Ranjeet/- U T