Yugal Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19486 of 2025 Arising Out of PS. Case No.-201 Year-2022 Thana- BITHAN District- Samastipur ====================================================== Yugal Mukhiya Son of Subak Mukhiya Resident of Village - Sohma, P.S. - Bithan, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Bithan P.S. Case No. 201 of 2022, registered on 06.11.2022, for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, total recovery of 15 litres of illicit liquor from the possession of two accused persons has been made, which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that nothing has been recovered from the possession of the petitioner. The petitioner's name has been figured in this case by virtue of the confessional statement of co-accused Ajit Mukhiya. Counsel also submits that the criminal

Patna High Court CR. MISC. No.19486 of 2025(2) dt.16-04-2025 2/2 antecedent of the petitioner is clean.

5. Learned APP for the State opposes the prayer for bail but fairly submits that recovery has not been made from the possession of the petitioner.

6. In view of the facts and circumstances of the case, and considering that no ingredients is found to attract the provisions of the Excise Act, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Judge, Excise Court No. 1, Samastipur, in connection with Bithan P.S. Case No. 201 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dr. Anshuman, J.) Aman Kumar/- U T