Laxman Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63556 of 2018 Arising Out of PS.Case No. -255 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSAMASTIPUR ======================================================
1. Laxman Mukhiya Son of late Brihaspat Mukhiya Resident of Village+P.S. Bithan, District- Samastipur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raja Ram Mishra For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2018 Heard the parties.
The petitioner seeks regular bail in connection with Excise Cae No.255 of 2018 registered for offences punishable under Sections 30(a) of Bihar Excise Prohibition Amendment Act, 2016 Allegation against the petitioner about recovery of 05 ltrs. of liquor from the possession of the petitioner. Submission of the learned counsel for the petitioner is that he has no criminal antecedent and he is in custody for 1 1⁄2 months. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the
Patna High Court Cr.Misc. No.63556 of 2018 (2) dt.12-10-2018 2/2 satisfaction of ADJ-VI cum- Special Judge, Excise Act, Samastipur in connection with Excise Case No.255 of 2018. With following conditions :
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T