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Patna High CourtCR. MISC./57444/2025allowed

Basudeo Mukhiya v. The State Of Bihar

2025-09-09Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57444 of 2025 Arising Out of PS. Case No.-212 Year-2025 Thana- BANJARIA District- East Champaran ====================================================== Basudeo Mukhiya S/o Late Nathi Mukhiya R/o Village- Ghormarwa, P.S.- Banjariya, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Angad Kunwar, Adv For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-09-2025 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 274/275 of B.N.S. & 30(a), 32, 41(1) of Bihar Prohibition & Excise Act.

3. As per the prosecution case, 25 litres of country made was recovered near the house of the petitioner. It is alleged that the petitioner succeeded to flee away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner name has been disclosed by the local Chaukidar. Further submission is that petitioner has no concern with the illicit seized liquor. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has

Patna High Court CR. MISC. No.57444 of 2025(2) dt.09-09-2025 2/2 clean antecedent. 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 Special Judge Excise Court No. 1, East Champaran at Motihari in connection with Banjariya P.S. Case No. 212/2025, 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