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Patna High CourtCR. MISC./25803/2025bail granted

Uma Mukhiya v. The State Of Bihar

2025-05-13Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25803 of 2025 Arising Out of PS. Case No.-22 Year-2025 Thana- EXCISE BENIPUR District- Darbhanga ====================================================== Uma Mukhiya S/o- Late Ram Sogarath Mukhiya Resident of VillageDharaura, P.S.- Bahera, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Uday Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 35.46 litres foreign liquor was recovered in front of the house of petitioner.

4. Learned counsel for the petitioner submits that no incriminating material has been recovered from conscious possession of the petitioner and he has been made accused only on suspicion. Recovery has been made from an open place which is accessible to one and all. Petitioner claims clean antecedent.

5. Considering the nature of accusation, place of recovery and clean antecedent, this anticipatory bail is allowed

Patna High Court CR. MISC. No.25803 of 2025(2) dt.13-05-2025 2/2 and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cum Special Judge, Excise Act, Darbhanga in connection with Darbhanga Excise P. S. Case No. 22 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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