Vijay Mukhiya @ Bijay Mukhiya Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

Vijay Mukhiya @ Bijay Mukhiya Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner, in the event of arrest or surrender within four weeks from the date of receipt of the order, to be released on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 3, East Champaran, Motihari, subject to Section 438(2) Cr.P.C. conditions and five additional conditions (family-member bailor with bona fide official document; appearance before Trial court on every date with cancellation risk after two consecutive unexplained absences; fortnightly police-station attendance for six months; no witness inducement/tampering; desistance from further offences).

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Pakadiyal P.S. Case No. 270 of 2021 registered under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018, should be granted anticipatory bail.

Court's answer

Taking into account that nothing was recovered from the petitioner's conscious possession, that the FIR was lodged and that he will have to face the trial, the Court is inclined to grant him the privilege of anticipatory bail.

Ratio / Principle

In the event of arrest or surrender within four weeks from receipt of the order, the petitioner shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 3, East Champaran, Motihari, subject to Section 438(2) Cr.P.C. conditions and five additional conditions: (i) one bailor to be a family member providing an official bona fide document; (ii) appearance before the Trial court on every date, failure on two consecutive dates without plausible reason entailing cancellation of the bail bond by the Trial court; (iii) appearance before the concerned police station every fortnight for six months to mark attendance; (iv) no inducing, promising or threatening witnesses or tampering with evidence, failing which the State may seek cancellation; (v) desistance from committing any criminal offence again, failing which the State may seek cancellation.

Detailed headnote1 paragraphs

Anticipatory bail - granted. Petitioner apprehending arrest in Pakadiyal P.S. Case No. 270 of 2021 under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018 (informant Gajendra Kumar Yadav; alleged keeping of illicit liquor at Ram Bbabu Rai Banswadi; accused escaped; locals named the petitioner; total recovery of country-made liquor 35 liters) is granted pre-arrest bail because nothing was recovered from his conscious possession and he must face trial. Bail fixed at Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 3, East Champaran, Motihari, subject to Section 438(2) Cr.P.C. conditions and additional conditions: one bailor to be a family member with official bona fide document; appearance before the Trial court on every date (failure on two consecutive dates without plausible reason entailing cancellation by the Trial court); fortnightly police-station attendance for six months; no witness inducement/tampering; and desistance from further offences. (Rajiv Roy, J; 19-03-2024)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.77615 of 2023

Arising Out of PS. Case No.-270 Year-2021 Thana- PAKRIDAYAL District- East Champaran

====================================================== VIJAY MUKHIYA @ BIJAY MUKHIYA S/O DHARICHAN MUKHIYA R/O VILLAGE- SISHANI, P.S- PAKARIDAYAL, DISTT.- EAST CHAMPARAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Dhannjay Kumar No 2, Advocate For the Opposite Party/s : Mr.Yogendra Kumar Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

3 19-03-2024

Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Pakadiyal P.S. Case No. 270 of 2021 registered under Sections 30 (a) of the Bihar Prohibition and Excise Amendment Act, 2018 lodged on 04.12.2021 by the informant, Gajendra Kumar Yadav.

3. As per the prosecution story, the allegation is that upon patrolling got secret information that illicit liquor is being kept at Ram Bbabu Rai Banswadi. As they reached, the accused persons managed to escape. The locals named this petitioner. The total recovery of country-made liquor is 35 liters.

4. Learned counsel appearing for the petitioner

Patna High Court CR. MISC. No.77615 of 2023(3) dt.19-03-2024 2/3

submits that due to criminal antecedent he has been implicated, nothing has been recovered from his conscious possession and further he is ready to abide by all the terms and conditions as imposed by this Court.

5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail.

6. Taking into account the fact that nothing has been recovered from his conscious possession, FIR lodged and he will have to face the trial, this Court is inclined to grant him privilege of anticipatory bail.

7. Let the petitioner, in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 3, East Champaran, Motihari in connection with Pakadiyal P.S. Case No. 270 of 2021 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide ;

(ii) the petitioner shall appear on each and every date

Patna High Court CR. MISC. No.77615 of 2023(3) dt.19-03-2024 3/3

before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

(Rajiv Roy, J)

Jagdish/-

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