Bali Mukhiya @ Bali Bin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5963 of 2025 Arising Out of PS. Case No.-350 Year-2021 Thana- SIDHWALIYA District- Gopalganj ====================================================== Bali Mukhiya @ Bali Bin, S/o Mahendra Mukhiya R/O Village- Sangrampur Bintoli, P.S.- Sangrampur, Motihari, District- East Champaran (Bihar). ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Indrajeet Bhushan, Advocate For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-02-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Sidhwaliya P.S. Case No. 350 of 2021 registered under Sections 272, 273, 414, 120-B read with 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 80 liters of IMFL/country-made liquor.

4. It is submitted by learned counsel appearing for the petitioner that the name of petitioner transpired in this

Patna High Court CR. MISC. No.5963 of 2025(2) dt.04-02-2025 2/3 case on the basis of disclosure of apprehended co-accused, namely, Nikesh Kumar and Bikesh Kumar. It is submitted that the name of the petitioner by apprehended co-accused was taken due to local disputes and differences and also out of suspicion arising from his criminal antecedents, as the petitioner found involved in one more criminal case. It is pointed out that no alleged illicit liquor appears to be recovered from the physical possession of this petitioner. It is also pointed out that the named co-accused Sonu Ram was granted anticipatory bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No.14762 of 2022 dated 29.07.2022.

5. Learned APP opposed the prayer of anticipatory bail.

6. In view of aforesaid factual submissions, as the recovery of illicit liquor was not made from the conscious physical possession of this petitioner, accordingly, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender in the court below within a period of four weeks, on furnishing bail bond of Rs.10,000/-

Patna High Court CR. MISC. No.5963 of 2025(2) dt.04-02-2025 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Session Judge-XIII-cum-Special Excise Court No.1, Gopalganj in connection with Sidhwaliya P.S. Case No.350 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/under Section 482(2) of the BNSS. (Chandra Shekhar Jha, J) veena/- U T