Ajay Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55609 of 2019 Arising Out of PS. Case No.-165 Year-2019 Thana- YOGAPATTI District- West Champaran ====================================================== Ajay Mukhiya, Son of Sukdeo Mukhiya Resident of Village - Bakahi, P.S.- Yogapatti, Dist.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-09-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Yogapatti P.S. Case No.165 of 2019 for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act, 2016. The allegation against the petitioner as per the First Information Report is that the police party, received secret information that two persons riding on bicycle were carrying illicit liquor towards Bakahi from Srinagar, proceeded for verification and when police party reached near Golaghat, they saw two persons coming on bicycle and upon seeing the police party, petitioner succeeded in fleeing away and one person was apprehended by the police. It has further been alleged that police recovered a total quantity of 9.500 litres of country made

Patna High Court CR. MISC. No.55609 of 2019(2) dt.03-09-2019 2/3 liquor from bicycle of one Kanhaiya Mukhiya and from the bicycle of person who fled away a bag was hanging in which 500 ml. of country made liquor was also recovered. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case bicycle which was allegedly being driven by the petitioner, 500 ml country made illicit liquor was recovered does not belong to the petitioner and petitioner has unnecessarily been dragged in this case by the co-accused who was arrested along with bicycle with illicit liquor. Learned counsel further submits that petitioner has got no criminal antecedent.

After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that petitioner has got no criminal antecedent and in paragraph 11 of this bail petition, petitioner has stated that the bicycle does not belong to him, as such, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two

Patna High Court CR. MISC. No.55609 of 2019(2) dt.03-09-2019 3/3 sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bettiah, West Champaran, subject to the condition as mentioned under Section 438 (2) of Cr.P.C. (Anil Kumar Sinha, J) sanjeev/- U T