Bijali Mukhiya @ Brij Narayan Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81333 of 2019 Arising Out of PS. Case No.-369 Year-2019 Thana- SURSAND District- Sitamarhi ====================================================== Bijali Mukhiya @ Brij Narayan Mukhiya Son of Ramishwar Mukhiya Resident of Village - Yadupatti, Simari, P.S.- Chorout, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Sangeeta Sharma, A.P.P.

====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor on behalf of the State. The petitioner is in custody since 09.10.2019, in connection with Sursand P.S. Case No. 369 of 2019 for the offences under Sections 30, 30 (a) of the Bihar Prohibition & Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is merely a labour who was engaged to carry a bag across the river and was not having any knowledge that the said bag contains such items. It is, thus, submitted that the alleged recoveries were not made from his conscious possession and he may be extended the privilege of bail. It is further submitted that the petitioner has no criminal antecedent.

Considering the aforementioned facts and

Patna High Court CR. MISC. No.81333 of 2019(2) dt.11-12-2019 2/2 circumstances and that the petitioner has no criminal antecedent, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge II cum Special Judge, Excise Act, Sitamarhi, in connection with Sursand P.S. Case No. 369 of 2019.

(Anjana Mishra, J) uma/- U T