Patna High CourtCR. MISC./79418/2019bail granted

Nathu Mukhiya v. The State Of Bihar

2019-12-11Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79418 of 2019 Arising Out of PS. Case No.-420 Year-2019 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Nathu Mukhiya Son of Shivdani Mukhiya Resident of Village - Bangra Nizamat, P.S. - Sahebanj, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-12-2019 The petitioner, who is in custody since 08.10.2019 and a person of clean antecedents, seeks bail in connection with Sahebganj P.S. Case No. 420 of 2019 which has been instituted for the offences under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 41(1) of the Bihar Prohibition & Excise Act, 2016.

The allegation against the petitioner is of manufacturing/brewing liquor in his house. In support of the contention made by the police, some recovery is stated to have been shown from the house of the petitioner which includes a gas regulator and containers

Patna High Court CR. MISC. No.79418 of 2019(2) dt.11-12-2019 2/2 of various sizes.

Learned counsel for the petitioner has submitted that gas regulator and pipe are used for cooking food in the house. The containers are used by the petitioner for general work and these items of recovery cannot specifically been stated to be the wherewithals for manufacturing/brewing the liquor at home.

Regard being had to the period of custody of the petitioner and his clean antecedents, he is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Sahebganj P.S. Case No. 420 of 2019.

(Ashutosh Kumar, J) Shageer/- U T