Rameshwar Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75877 of 2019 Arising Out of PS. Case No.-250 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

RAMESHWAR MUKHIYA Son of Late Jaimangal Mukhiya R/o Harajpur, P.S.- Mufassil, District - East Champaran.

2.

Sonelal Mukhiya Son of Jaimangal Mukhiya R/o Harajpur, P.S.- Mufassil, District - East Champaran.

3.

Yadav Sahni Son of Late Dasai Sahni R/o Harajpur, P.S.- Mufassil, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Kumar For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-02-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Mufassil P.S. Case No. 250 of 2019 registered under Sections 272, 273/34 of the Indian Penal Code and 30(a) of Bihar prohibition of excise amendment Act 2016.

Learned counsel appearing on behalf of the petitioner submits that petitioners are innocent and have falsely been implicated in the present case by mere confusion of the police. It is also submitted that there is no recovery of any liquor from the conscious possesion of these petitioners. The petitioners have been implicated in this case merely on the basis

Patna High Court CR. MISC. No.75877 of 2019(2) dt.06-02-2020 2/2 of the statements made by the co villagers without having any concrete evidence. The petitioner has no criminal antecedent. Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of 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 Additional Session Judge IX-cum-Special Judge excise, East Champaran, Motihari in connection with Mufassil P.S. Case No. 250 of 2019 subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) K.K.RAO/- U T