Sonelal Mukhiya @ Sonalal Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58436 of 2019 Arising Out of PS. Case No.-223 Year-2019 Thana- BAIRIYA District- West Champaran ====================================================== Sonelal Mukhiya @ Sonalal Mukhiya, Son of Amiraka Mukhiya, Resident of Village - Bairia, P.S.- Bairia, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Gupta For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bairia P.S. Case No. 223 of 2019, registered under Section 30(a) of the Bihar Excise Act, 2016.

The accusation is of recovery of five litres Indian made foreign liquor from the motorcycle, on which, two persons were found sitting and they were apprehended. Both apprehended persons disclosed their names as Buta Mahto and Nand Lal Mahto and also disclosed that they had come there to supply the aforesaid seized liquor to the petitioner. Learned counsel for the petitioner submits that petitioner has not been apprehended at the spot rather his name

Patna High Court CR. MISC. No.58436 of 2019(2) dt.17-09-2019 2/2 has come in the confessional statement of Buta Mahto and Nand Lal Mahto, who were apprehended with the motorcycle at the spot with seized Indian made foreign liquor. Further submission is that 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 six 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 learned Special Judge, Excise, West Champaran, Bettiah, in connection with Bairia P.S. Case No. 223 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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