Posan Mukhiya @ Chandra Shekhar Mukhiya @ Poshan Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31243 of 2018 Arising Out of PS. Case No.-17 Year-2018 Thana- BITHAN BAZAR District- Samastipur ====================================================== Posan Mukhiya @ Chandra Shekhar Mukhiya @ Poshan Mukhiya, Son of Jonpi Mukhiya, Resident of Village+P.O. +P.S. Bithan, District- Samastipur. ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Bhuwaneshwar Prasad, Advocate.

For the State :

Mr. A.M.P. Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-06-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bithan P.S. Case No.17 of 2018 registered under Sections 272 and 273 of the Indian Penal Code, 1860 besides Sections 30(a)/30(d) of the Bihar Prohibition and Excise Act, 2016. The accusation is that in course of raid by the informant being the Sub Inspector of Bithan Police Station, 10 kilograms Jawa, kept in a plastic container, was recovered from the house of the petitioner, while the petitioner succeeded to flee away.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and the house

Patna High Court Cr.Misc. No.31243 of 2018(2) dt.12-06-2018 2/2 from where the alleged recovery was made is the joint house in which the petitioner and his other family members reside. Moreover, the petitioner was not apprehended on the spot. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 3rd Additional Sessions Judgecum-Special Judge, Excise Act, Samastipur, in connection with Bithan P.S. Case No.17 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T