Ram Kalewar Mukhiya @ Ram Kalewar Kumar @ Rakalewar Mukhia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28904 of 2025 Arising Out of PS. Case No.-160 Year-2024 Thana- SAHIYARA District- Sitamarhi ====================================================== 1.

Ram Kalewar Mukhiya @ Ram Kalewar Kumar @ Rakalewar Mukhia S/O Late Rajdev Mukhiya R/O Village- Hanuman Nagar, Ward No. 02, P.SSahiyara, Distt.- Sitamarhi. 2.

Manutan Devi @ Manotan Devi W/O Late Rajdev Mukhiya R/O VillageHanuman Nagar, Ward No. 02, P.S- Sahiyara, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 25-06-2025

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Sahiyara P.S. Case no.160 of 2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, the informant states that a secret information having received that the petitioners are involved in the business of illicit liquor, on search, 144 liters of nepali liquor was recovered behind the house of Ramkalewar Mukhiya (the petitioner no.1).

4. Learned counsel for the petitioners submit that the

Patna High Court CR. MISC. No.28904 of 2025(3) dt.25-06-2025 2/2 petitioners have been falsely implicated in the case. There was no independent witness to the seizure list and no recovery has been made from the conscious possession of the petitioners or from their house. The field is an open space which is accessible to everyone. The petitioners have no criminal antecedent and undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. In view of the aforesaid facts of the case, it is directed that the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Sahiyara P.S. Case no.160 of 2024 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1, Sitamarhi, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.

(Soni Shrivastava, J) Harsh/- U T