Raj Kumar Mukhiya @ Sukal Mukhiya @ Sukat Bin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26701 of 2025 Arising Out of PS. Case No.-355 Year-2024 Thana- KOTWA District- East Champaran ====================================================== RAJ KUMAR MUKHIYA @ SUKAL MUKHIYA @ SUKAT BIN Son of Ramdeo Mukhiya Resident of Village - Jagir Karariya, P.S.- Kotwa, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suraj Kumar Tiwari, Advocate For the Opposite Party/s :
Mr. Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Kotwa P.S. Case No. 355 of 2024 dated 20.12.2024, instituted for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. The allegation is of recovery of 10 litres country made liquor from the backside of the house of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that nothing has been recovered either from the conscious possession or from the house of the petitioner. It is next submitted that the recovery has been made
Patna High Court CR. MISC. No.26701 of 2025(2) dt.07-05-2025 2/2 from the backside of the house of the petitioner which is an open place and accessible to all. Lastly, it has been submitted that petitioner has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Kotwa P.S. Case No. 355 of 2024, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Special Judge, Excise Court No. 1, East Champaran at Motihari, subject to condition as laid down under Section 482(2) of the B.N.S.S.
(Khatim Reza, J) Sankalp/- U T