Patna High CourtCR. MISC./57954/2019bail granted

Balbodh Mukhiya v. The State Of Bihar

2019-09-16Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 57954 of 2019 Arising Out of PS. Case No.-42 Year-2019 Thana- CHORAUT District- Sitamarhi ====================================================== BALBODH MUKHIYA, Son of Satto Mukhiya Resident of Village - Choraut, Ward No. 4, P.S.- Choraut, Distt - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Choraut P.S. Case no. 42 of 2019, registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The accusation is that in course of checking of the vehicle, informant received information about selling of illicit liquor by Balbodh Mukhiya (Petitioner) in his hut. The informant along with other Police personnel reached there. On seeing the Police party, petitioner fled away from his hut. On search of hut, 35 bottles, each containing 300 ML country made liquor recovered.

Learned counsel for the petitioner submits that the hut from where 35 bottles of country made liquor are said to be

Patna High Court CR. MISC. No. 57954 of 2019(2) dt.16-09-2019 2/2 recovered is not belongs to the petitioner. The petitioner has falsely been implicated in this case mere on suspicion. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the A.D.J-II-cum-Special Judge, Excise Act, Sitamarhi in connection with Choraut P.S. Case No. 42 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T