Niranjan Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15762 of 2025 Arising Out of PS. Case No.-227 Year-2024 Thana- SATHI District- West Champaran ====================================================== Niranjan Mukhiya S/o- Kamal Mukhiya Village- Basantpur Police stationSathi, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-04-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 274 and 275 of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 60 litres of liquor from three bags allegedly thrown by the accused persons after seeing the police. 4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from bags which do not belong to the petitioner and

Patna High Court CR. MISC. No.15762 of 2025(2) dt.16-04-2025 2/3 was recovered from a place which is accessible to public at large and he came to be implicated at the instance of Chowkidar with whom he is on an inimical term. It is also submitted that police in a mechanical manner implicates without holding proper investigation either at the instance of Chowkidar, local people, secret information or confessional statement, when admittedly petitioner is a person with clean antecedent. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sathi P.S. Case No. 227 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS.

7.

It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of even one case in that event the provisional anticipatory bail order shall not be

Patna High Court CR. MISC. No.15762 of 2025(2) dt.16-04-2025 3/3 confirmed, but after verification if it is found that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) SUMIT/- U T