Shiv Narayan Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68907 of 2022 Arising Out of PS. Case No.-293 Year-2021 Thana- PIPRA District- East Champaran ====================================================== Shiv Narayan Mukhiya, S/O Kishun Mukhiya R/O Village- Tikuliya, P.SPipra, District- East Champaran, Motihari ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Opposite Party/s :

Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 272, 273 of the I.P.C. and Section 30(a) of the Excise Act, 2016. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 61.68 litres of liquor from sugarcane field. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that even the alleged recovery is from a place which does not belong to the petitioner and he came to be implicated by villagers, but then the name of the villager is not disclosed in the

Patna High Court CR. MISC. No.68907 of 2022(2) dt.13-12-2022 2/2 F.I.R.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Pipra P. S. Case No.293 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T