Visheshar Mukhiya@ Bisheshar Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.192 of 2024 Arising Out of PS. Case No.-609 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Visheshar Mukhiya@ Bisheshar Mukhiya S/O Vijali Mukhiya Village Bharauliya ps muffasil District East Champran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brajesh Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Khurshid Anwar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 32, 41(i) of the Bihar Prohibition & Excise (Amendment) Act, 2022.
3. Altogether, 40 litres of country made liquor has been recovered from the sack loaded on the seized motorcycle. One co-accused person was apprehended on the spot.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner and from his house. He
Patna High Court CR. MISC. No.192 of 2024(2) dt.06-02-2024 2/3 has no concern either with the seized liquor or place of recovery or any trade of liquor. The allegation levelled against the petitioner is general and omnibus in nature. He was not apprehended on the spot. He had not consumed liquor. There is nothing on record to indicate the complicity of the petitioner barring the confessional statement of the apprehended person which has no evidentiary value in the eye of law. Petitioner has six criminal antecedents out of which five are of similar nature that of the present case, as mentioned in para 3 of the bail application.
5. Petitioner is agreed to deposit a sum of Rs. 50,000.00 (Rupees Fifty Thousand) in account of Mahavir Cancer Sansthan, Patna, bearing Account No.3332964762, IFSC Code: CBIN0282779, MICR Code: 800016018, Central Bank of India, Chitkohra Branch, Patna.
6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in
Patna High Court CR. MISC. No.192 of 2024(2) dt.06-02-2024 3/3 connection with Muffasil P.S. Case No. 609 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that
(1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.
(2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.
7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in Mahavir Cancer Sansthan, Patna. (Anjani Kumar Sharan, J) divyanshi/- U T