Jiyaul @ Muskan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18861 of 2025 Arising Out of PS. Case No.-6 Year-2025 Thana- ARARIA District- Araria ====================================================== Jiyaul @ Muskan S/O Ubed @ Ubed Shamshul Haque R/O Vill - Chirah, Ward No. 3, P.S- Mahalgaon, Distt.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kishore Bharti, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Araria P.S. Case No. 06 of 2025 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that from the house of Hasib altogether 63.600 liters of country made foreign liquor was recovered. It is alleged that the petitioner managed to escape. It is also alleged that from the place of recovery,

Patna High Court CR. MISC. No.18861 of 2025(2) dt.18-04-2025 2/3 passbook, aadhar and pan card were recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The name of this petitioner has been disclosed by the local chowkidar. He has no concern in any way with the alleged recovery and the photocopy of the I.D and aadhaar can be easily obtained.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner and submitted that petitioner has got one criminal antecedent.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail with a condition that he will not indulge in similar nature of offences in future. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Araria P.S. Case No. 06 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-1st, Araria subject to

Patna High Court CR. MISC. No.18861 of 2025(2) dt.18-04-2025 3/3 the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Shubham/- U T