Patna High CourtCR. MISC./57861/2017bail granted

Ranjeet Mukhiya v. The State Of Bihar

2017-12-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57861 of 2017 Arising Out of PS.Case No. -133 Year- 2017 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Ranjeet Mukhiya, S/o Late Raghubir Mukhiya R/o Village- Ahwar Shekh Khajurbari Tola, P.S.- Majhaulia, District- West Champaran. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Bimlesh Kumar Pandey, Advocate. For the Opposite Party : Mr. Asharaf Ansari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 20.09.2017 in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that 3000 liters spirit is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that 3000 liters spirit is

Patna High Court Cr.Misc. No.57861 of 2017 (2) dt.18-12-2017 2/2 recovered from Dhanauta river on secret information. The source and genuineness of secret information has not been disclosed by the prosecution. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

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 Special Judge, Excise, West Champaran at Bettiah, in connection with Majhaulia P.S. Case No. 133 of 2017.

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