Brijkishor Mukhiya @ Birkishor Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62309 of 2024 Arising Out of PS. Case No.-144 Year-2023 Thana- DARPA District- East Champaran ====================================================== Brijkishor Mukhiya @ Birkishor Kumar S/o Ganesh Mukhiya R/o vill - Tinkoni, P.S. - Darpa, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alka Singh, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. As per allegation in the FIR, total 187.5 liters of illicit Nepali Kasturi liquor was recovered from seven jute sacs.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that there is no recovery from the conscious possession of the petitioner, petitioner was not arrest at the spot and his name transpired in this case on the basis of confessional statement of apprehended persons and he has got clean

Patna High Court CR. MISC. No.62309 of 2024(2) dt.17-01-2025 2/2 antecedent as stated in para-3 of the petition.

5. Learned APP for the State opposes the prayer for anticipatory bail of the petitioner.

6. In view of the aforesaid facts and submission of learned counsel for the petitioner, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the trial court within a period of six weeks from today, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.2, East Champaran, Motihari in connection with Darpa P.S. Case No. 144 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T