Satto Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64195 of 2019 Arising Out of PS. Case No.-52 Year-2019 Thana- MADHWAPUR District- Madhubani ====================================================== 1.

Satto Mukhiya (Male), aged about 35 years, Son of Santosh Mukhiya, Resident of Village- Charaut, P.S.- Charaut, District- Sitamarhi. 2.

Ramu Mukhiya, (Male), aged about 27 years, Son of Sukeshwar Mukhiya, Resident of Village- Charaut, P.S.- Charaut, District- Sitamarhi. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Gagan Deo Yadav, Advocate.

For the Opposite Party :

Mr.Humayou Ahmad Khan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-10-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in a case for the offence registered under Sections 272, 273 of the IPC and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 84.900 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioners that the petitioners are languishing in custody since 28.07.2019. The petitioners have got no criminal antecedent. The petitioners have falsely been implicated in the present case. Charge sheet/prosecution report has been submitted in the

Patna High Court CR. MISC. No.64195 of 2019(2) dt.16-10-2019 2/2 present case. There is no allegation of tampering with the witnesses alleged against the petitioners. It is alleged that total 84.900 liters wine is recovered. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IInd-cum-Special Judge, Excise Act, Madhubani, in connection with Madhwapur P.S. Case No. 52/2019, G.R. No. 1353 of 2019.

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