Gonda Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7233 of 2025 Arising Out of PS. Case No.-298 Year-2024 Thana- BAKHARI District- Begusarai ====================================================== 1.

Gonda Mukhiya son of Vilo Mukhiya village- Bahor Chak, Chak Hamid, Ward no. 08, ps- Bakhri, Dist- Begusarai 2.

Lallu @ Laloo Mukhiya son of Sonelal Mukhiya village- Bahor Chak, Chak Hamid, Ward no. 08, ps- Bakhri, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Binode Bariar, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-03-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under Sections 30(a)/(d) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 110 litres county made liquor was recovered from an open place.

4. Learned counsel for the petitioners submits that no incriminating material has been recovered from conscious possession of these petitioners and they are not concerned with the alleged recovery. Recovery has been made from an open place which is accessible to one and all and petitioners have

Patna High Court CR. MISC. No.7233 of 2025(2) dt.27-03-2025 2/2 been made accused only on suspicion. Petitioners claim clean criminal antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the aforesaid facts and circumstances, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-II, Begusarai in connection with Bakhri P. S. Case No. 298 of 2024, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) Navya/- U T