Rahul Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4808 of 2024 Arising Out of PS. Case No.-237 Year-2023 Thana- BENIPATTI DistrictMadhubani ====================================================== RAHUL MUKHIYA SON OF INDAR MUKHIYA @ INDAL MUKHIYA RESIDENT OF VILLAGE- BENIPATTI, P.S.- BENIPATTI, DISTRICTMADHUBANI. ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-02-2024

1. Heard learned counsel for the petitioner and the learned A.P.P. for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offenses punishable under Sections 272, 273 of the Indian Penal Code and 34 and Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. The learned counsel appearing for the petitioner submits that the petitioner has antecedent of two cases and the allegation is of recovery of 887.400 liters of liquor from a pick up van.

4. The learned counsel for the petitioner next submits that the petitioner was not arrested from the place of occurrence, as such, nothing was recovered from his conscious possession nor he is owner of the pick up van rather he came to be implicated at the instance of local people but then the F.I.R. does not disclose the name of the local

Patna High Court CR. MISC. No.4808 of 2024(2) dt.13-02-2024 2/2 people who disclosed the name of the petitioner. It is further submitted that it appears that the police in order to save the real culprit, falsely implicated the petitioner because of his antecedent.

5. The learned A.P.P. opposes the anticipatory bail application of the petitioner.

6. 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 court below within a period of six weeks, is directed to 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 A.D.J.- II -cum- Special Judge, Excise Act, Madhubani in connection with Benipatti P.S. Case No. 237 of 2023 subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Satyavrat Verma, J) brajesh/- U T