Patna High CourtCR. MISC./63132/2024bail granted

Sunil Mukhiya v. The State Of Bihar

2024-09-21Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63132 of 2024 Arising Out of PS. Case No.-103 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Sunil Mukhiya Son of Ramashray Mukhiya Village- Basantpur Bin toli, P.SMuffasil Motihari, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Prasad, Advocate For the Opposite Party/s :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-09-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Motihari Muffasil P.S. Case no. 103 of 2024, registered under sections 272 and 273 of Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, the informant states that on receiving secret information that the petitioner had stored liquor in his house, a raid was conducted. It is stated that seeing the police personnel, the accused threw the gallon containing about 5 litres of country liquor and escaped. The chaukidar disclosed that the person who has managed to escape was the petitioner herein.

Patna High Court CR. MISC. No.63132 of 2024(2) dt.21-09-2024 2/2

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from his possession. He has been falsely implicated in the case because of his antecedents. The petitioner undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R., it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Motihari Muffasil P.S. Case no. 103 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court no.-1, East Champaran, Motihari.

(Partha Sarthy, J) Shiv/- U T