Brijkishore Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56875 of 2019 Arising Out of PS. Case No.-280 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== BRIJKISHORE MUKHIYA, aged about 30 years (M), Son of Late Raghunath Mukhiya, Resident of Village - Hasuaha, P.S.- Motihari Mufasil, Dist.- East Champaran.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Umesh Chandra Verma, Advocate.

For the Opposite Party :

Mr.Tarun Prasad Mandal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-09-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 26.06.2019 in a case for the offence registered under Sections 272, 273, 411 of the IPC and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 20 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has

Patna High Court CR. MISC. No.56875 of 2019(2) dt.09-09-2019 2/2 falsely been implicated in the present case. It is alleged that total 20 liters wine is recovered. There is no compliance of Section 100 of Cr. P.C.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 9th Additional Sessions Judge-cum-Special Judge, Excise, East Champaran, Motihari, in connection with Mufasil P.S. Case No. 280 of 2019.

(Sudhir Singh, J) U.K./- U T