Motilal Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44349 of 2025 Arising Out of PS. Case No.-283 Year-2021 Thana- SANGRAMPUR District- East Champaran ====================================================== MOTILAL MUKHIYA S/O MUSANI MUKHIYA R/O VILLAGEKOIRGAWA, P.S.- SANGRAMPUR, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Rahul Singh, Advocate For the State :
Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-07-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 30(a), 30(c), 32 and 41(1) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 12 litres illicit country made liquor was recovered from Koergaon Bintoli.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from conscious possession of this petitioner and he has falsely been implicated in this case merely on suspicion. The alleged illicit liquor has been recovered from an open place, which is accessible to one and all.
Patna High Court CR. MISC. No.44349 of 2025(2) dt.14-07-2025 2/2
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that huge quantity of illicit liquor was recovered. Petitioner has got two criminal antecedents of similar nature.
6. Considering the nature of accusation, recovery of huge quantity of illicit liquor and fact that petitioner has got two criminal antecedents of similar nature, the prayer for grant of anticipatory bail to the petitioner is rejected. (Prabhat Kumar Singh, J) shashank/- U T