Ravindra Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57703 of 2023 Arising Out of PS. Case No.-15 Year-2023 Thana- BENIPATTI District- Madhubani ====================================================== Ravindra Mukhiya Son Of Jhapsi Mukhiya @ Bulla Mukhiya VillageBetauna Ward No-8, Ukma Tol Ps- Benipatti Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti, Adv For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner and learned counsel for the Additional Public Prosecutor for the state.

2. The petitioner apprehends his arrest in connection with Benipatti P.S.Case No.15 of 2023 instituted under Sections 272, 273 and 34 of the Indian Penal Code and section 30(a) of Bihar Prohibition & Excise Amendment Act.

3. As per the prosecution case, 31.200 liters Nepali liquor was recovered from the motorcycle and the apprehended accused person disclosed the name of the petitioner that he fled away from the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The petitioner was neither caught on the spot nor

Patna High Court CR. MISC. No.57703 of 2023(2) dt.05-09-2023 2/2 anything has been recovered from his conscious possession. The petitioner is owner of the motorcycle and the motorcycle was taken by the apprehended co-accused for his personal work. The petitioner has clean antecedent.

5. Learned APP for the State Opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of the learned counsel for the parties, in the event of his arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs, 10,000/- ( ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Additional Sessions JudgeII cum Special Judge Excise Madhubani in connection with Benipatti P.S.Case No. 15 of 2023 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) N.K/- U T