Ram Pravesh Kumar @ Ram Pravesh Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6785 of 2025 Arising Out of PS. Case No.-72 Year-2022 Thana- SIDHWALIYA District- Gopalganj ====================================================== Ram Pravesh Kumar @ Ram Pravesh Mukhiya S/o Rajendra Mukhiya Resident of village - Sangrampur Bind Toli, P.S.- Sangrampur, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-03-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Sidhwaliya Police Station Case No. 72 of 2022, disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, on 11.03.2022, the Police got a secret information that petitioner along with accused persons were indulged in manufacture and sell of the liquor near the Gandak river. On such information, the Police arrived at the place of the occurrence and upon seeing the Police party, four persons fled away by swimming across the river. Petitioner and other accused persons were identified by the local boatman/fisherman. The Police recovered 30 liter of illegal

Patna High Court CR. MISC. No.6785 of 2025(2) dt.18-03-2025 2/3 chulai liquor and 5 liter of mahua liquor from the field of Manoj Mukhiya.

4. Learned Counsel for the petitioner submits that the petitioner is having no criminal antecedent and he has been made accused on the basis of secret information and disclosure of his name by the local boatman/fishermen. He further submits that the liquor has not been recovered from the premises belonging to the petitioner but the same has been recovered from the field of Manoj Mukhiya which is an open place accessible to all and sundry.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is having no criminal antecedent and the liquor has not been recovered from the premises belonging to the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XIII Cum

Patna High Court CR. MISC. No.6785 of 2025(2) dt.18-03-2025 3/3 Special Excise Court No.1, Gopalganj, in connection with Sidhwaliya P.S. Case No. 72 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ajay/- U T