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Patna High CourtCR. MISC./52011/2025allowed

Raman Mukhiya v. The State Of Bihar

2025-08-18Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52011 of 2025 Arising Out of PS. Case No.-105 Year-2025 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Raman Mukhiya, S/o Late Ganauri Mukhiya, Vill. - Jataulia, PS - Kundwa Chainpur, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajan, Advocate For the Opposite Party/s :

Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Kundwa Chainpur P.S. Case No. 105 of 2025 for the offence registered under Section 30(a) of Bihar Prohibition & Excise Amendment Act.

3. As per the prosecution case, 27 litres of illicit liquor was recovered from the hut of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner was neither present on the spot nor any incriminating article has been recovered from the conscious possession of the petitioner or from the house of the petitioner. The illicit liquor which was seized from the place, is not a

Patna High Court CR. MISC. No.52011 of 2025(2) dt.18-08-2025 2/2 dwelling house of the petitioner. Further submission is that petitioner has no concern with the seized liquor. The place of occurrence from where the alleged recovery has been made, is far away from the dwelling house of the petitioner. Petitioner has no criminal antecedent. He undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon 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. 3, East Champaran at Motihari in connection with Kundwa Chainpur P.S. Case No. 105 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

(Sunil Dutta Mishra, J) khushbu/- U T