Bhutta Mukhiya @ Manager Mukhiya vs The State Of Bihar
2021 Latest Caselaw 1301 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.31993 of 2020
  Arising Out of PS. Case No.-209 Year-2020 Thana- GOVERNMENT OFFICIAL COMP.
                                District- East Champaran
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Bhutta Mukhiya @ Manager Mukhiya, aged about 38 years (M), Son of Narayan Mukhiya, Resident of Village - Basantpur, P.S.- Mufasil, District - East Champaran

... ... Petitioner/s Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the State : Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-03-2021

The matter has been heard via video conferencing.

2. Heard Mr. Abhishek Kumar, learned counsel for the

petitioner and Mr. Uday Pratap Singh, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner apprehends arrest in connection with

Excise Case No. 209 of 2020 dated 22.05.2020 instituted under

Sections 30(a)/41(1) of the Bihar Prohibition and Excise Act,

2016 (hereinafter referred to as the 'Act').

4. The allegation against the petitioner is that when the

police on secret information went to raid, from the house of co-

accused Visheshwar Sahani and the field situated beside his Patna High Court CR. MISC. No.31993 of 2020 dt.05-03-2021

house, 610 litres of spirit was recovered and all the accused,

including the petitioner, fled away.

5. Learned counsel for the petitioner submitted that no

source of identification has been mentioned in the FIR which

makes it clear that the petitioner has been falsely implicated.

Learned counsel submitted that the recovery of spirit is from the

house and the field next to the house, of co-accused Visheshwar

Sahani, and the petitioner has no connection with the recovered

spirit. It was submitted that the bar of Section 76(2) of the Act

would not apply in the present case since the petitioner has no

criminal antecedent and also that there is no nexus between him

and the recovered spirit and nothing has been recovered from

his premises.

6. Learned APP submitted that the petitioner was

indulging in the business of illicit liquor and the recovered spirit

was also being dealt with by him and, thus, he cannot plead

innocence.

7. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

six weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) Patna High Court CR. MISC. No.31993 of 2020 dt.05-03-2021

with two sureties of the like amount each to the satisfaction of

the learned 7th Additional Sessions Judge-cum-Special Judge,

Excise, Motihari, East Champaran in Excise Case No. 209 of

2020, subject to the conditions laid down in Section 438(2) of

the Code of Criminal Procedure, 1973 and further (i) that one of

the bailors shall be a close relative of the petitioner, (ii) that the

petitioner and the bailors shall execute bond with regard to good

behaviour of the petitioner, and (iii) that the petitioner shall also

give an undertaking to the Court that he shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being

absent on two consecutive dates, without sufficient cause, shall

also lead to cancellation of his bail bonds.

8. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioners,

to the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioner(s).

Patna High Court CR. MISC. No.31993 of 2020 dt.05-03-2021

9. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T