Ram Babu Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18939 of 2026 Arising Out of PS. Case No.-417 Year-2025 Thana- SANGRAMPUR District- East Champaran ====================================================== Ram Babu Mukhiya son of Pujan Mukhiya @ Poojan Mukhiya Resident of village - Koirgawan, Ps- Sangrampur, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Nazir Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-04-2026 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Sangrampur Case No. 417 of 2025, registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

3. The prosecution case, as per the First Information Report that on 22.10.2025, during police raid at Kodariya, the petitioner, Ram Baby Mukhiya, fled on seeing the police, and total 54 litres of country-made liquor was recovered from the paddy field.

4. Learned Counsel for the petitioner submits that

Patna High Court CR. MISC. No.18939 of 2026(2) dt.16-04-2026 2/3 petitioner is innocent and has falsely been implicated in this case due to village politics. The name of the petitioner has come on the basis of discloser made by local Chaukidar. Recovery has been made from the paddy field which is an open space, accessible to all and sundry. Nothing has been recovered from the conscious possession and/or premises belonging to the petitioner.

5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that recovery has been made from an open space which is accessible to all and sundry, nothing has been recovered from the conscious possession and/or 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 Special Judge Excise Court No. 1, Motihari, East Champaran, in

Patna High Court CR. MISC. No.18939 of 2026(2) dt.16-04-2026 3/3 connection with Sangrampur Police Station Case No. 417 of 2025, subject to the condition laid down under Section 482

(2) of the Bharatiya Nagarik Suraksha Sanhita. (Anil Kumar Sinha, J) Siwani/- U T