Bisheshwar Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56448 of 2019 Arising Out of PS. Case No.-180 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== BISHESHWAR MUKHIYA Son of Bijuli Mukhiya Resident of VillageBasatapur Bin Toli, P.S.-Motihari Muffasil, District-East Champaran. ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar Mishra For the Opposite Party/s :
Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2019 Heard learned counsel for the parties.
Petitioner is apprehending his arrest in connection with Muffasil P.S.case No.180 of 2019 , registered for offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016 As per FIR police on information of carrying of spirit by Sumo vehicle by the petitioner and other accused persons raided the place of the occurrence and seized 245 ltrs. of liquor but the petitioner and other accused persons succeeded in fleeing away.
Submission of the learned counsel for the petitioner is that except the information supplied by the Spy there is nothing in the FIR or in the case diary to show the involvement
Patna High Court CR. MISC. No.56448 of 2019(3) dt.16-11-2019 2/2 of the petitioner in the present case and considering the above fact one of the Co-ordinate Bench has been granted privilege of bail to the other accused persons, vide order dated 12.7.2019 passed in Cr. Misc. No.42905 of 2019. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned 9th Addl. Sessions Judge cum Special Judge Excise, East Champaran, Motihari in connection with Muffasil P.S.case No.180 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T