Sanjay Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56988 of 2025 Arising Out of PS. Case No.-537 Year-2023 Thana- GOVINDGANJ District- East Champaran ====================================================== Sanjay Mukhiya S/o Binda Mukhiya Resident of village - Bindawaliya, (Binwaliya) P.S.- Govindganj, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Adv For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-09-2025 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 272, 273 of the Indian Penal Code and under Section 30(a) of Bihar Prohibition & Excise Act.

3. As per the prosecution case, 03 litres of illicit English liquor has been recovered from the sack thrown by the petitioner. It is alleged that petitioner fled away from the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion. Further submission is that petitioner was not present on the spot and he has no concern with the illicit seized liquor. There is no compliance of Section

Patna High Court CR. MISC. No.56988 of 2025(2) dt.08-09-2025 2/2 103 and 105 of B.N.S.S. in preparing seizure list. Petitioner has no concern either with the illicit liquor or with the place of occurrence. The 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 Excise Court No. 01, East Champaran at Motihari in connection with Govindganj P.S. Case No. 537 of 2023, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

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