Vikee Kumar @ Vikki Mukhiya @ Vikki Sahni @ Vikee Mukhiya @ Vikee Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55196 of 2025 Arising Out of PS. Case No.-99 Year-2025 Thana- Excise Benipatti District- Madhubani ====================================================== Vikee Kumar @ Vikki Mukhiya @ Vikki Sahni @ Vikee Mukhiya @ Vikee Sahni, son of Ramdev Mukhiya, Resident of Village-Manpur, P.S.-Benipatti, District -Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Pallavi, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Sections 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 216 litres of Nepali country made wine from the north east side at some distance from the house of the accused. It is alleged that the petitioner fled away from the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to sheer of police mechanism and maneuvering. Further submission is that the petitioner was not present at the place of occurrence. Petitioner has no concern with the seized illicit

Patna High Court CR. MISC. No.55196 of 2025(2) dt.27-08-2025 2/2 liquor or the place of occurrence. Nothing has been recovered from the conscious possession of the petitioner. The alleged recovery is from open place accessible to all. There is no proper compliance of Section 103 of B.N.S.S. Petitioner has one criminal antecedent in which he is on bail. Petitioner 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 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 Judge, Excise Court, Madhubani, in connection with Benipatti Excise P.S. Case No. 99 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

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