Munilal Mukhiya @ Munnilal Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28277 of 2025 Arising Out of PS. Case No.-518 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Munilal Mukhiya @ Munnilal Mukhiya S/o Chirkut Mukhiya, R/o VillageHasuaha, P.S.- Chhatauni, Distt.- East Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Ms. Alka Singh, Advocate For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 20 litres of illicit country made liquor and 1000 litres of semi-prepared liquor have been recovered near Hasuaha river.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case merely on the basis of suspicion. Petitioner was not arrested from the spot and his name transpired on the basis of information provided by local chowkidar. Nothing has been recovered from the conscious possession of the petitioner and petitioner has no

Patna High Court CR. MISC. No.28277 of 2025(2) dt.14-05-2025 2/2 concern with the alleged recovery. The alleged recovery has been made from the bank of a river, which is an open place accessible to all.

5. Learned APP for the State has opposed the bail petition and submits that petitioner carries one criminal antecedent of similar nature.

6. Considering the aforesaid facts and circumstances, let the petitioner, above-named, in the event of his arrest / surrender before the learned trial Court within a period of eight weeks from today, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No. 1, East Champaran, Motihari, in connection with Muffasil (Motihari) P.S. Case No. 518 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the BNSS, 2023.

(Prabhat Kumar Singh, J) Shahnawaz/- U T