Dabal Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41582 of 2025 Arising Out of PS. Case No.-179 Year-2024 Thana- SANGRAMPUR District- East Champaran ====================================================== Dabal Mukhiya S/O Kailash Mukhiya Resident of village- Sangrampur Bin Toli, PS- Sangrampur, district- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 04-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Sangrampur P.S. Case no.179 of 2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. There is a recovery of 73.80 liters of foreign liquor from a boat.

4. Learned counsel for the petitioner submits that the name of the petitioner has transpired only the basis of secret information. Petitioner is not the owner of the said boat and also no recovery has been made from the physical or conscious possession of the petitioner. Further, there is no independent witness to the seizure list and hence, mandatory provisions of

Patna High Court CR. MISC. No.41582 of 2025(3) dt.04-08-2025 2/2 search and seizure have been violated. The petitioner has 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 petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Sangrampur P.S. Case no.179 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court, 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