Shivaji Mukhiya @ Shiv Ji Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64260 of 2023 Arising Out of PS. Case No.-253 Year-2023 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== 1.

SHIVAJI MUKHIYA @ SHIV JI MUKHIYA Son of Ganeshi Mukhiya Resident of Village-Aurahi, Police Station-Kusheshwarasthan, DistrictDarbhanga. 2.

PARSHURAM MUKHIYA @ SECRETARY MUKHIYA Son of Lohin Mukhiya @ Rohni Mukhiya Resident of Village-Aurahi, Police StationKusheshwarasthan, District-Darbhanga. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30 (a) , 37 (C) of the Bihar Prohibition and Excise Act-2016.

3. Prosecution case is that 05 liters foreign liquor were recovered from the spot.

4. It is submitted that the petitioners are innocent and have falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of these petitioners.

Patna High Court CR. MISC. No.64260 of 2023(2) dt.16-10-2023 2/2

5. Learned counsel for the State submits that petitioner No. 1 has got four criminal antecedent of similar nature and petitioner No. 2 has got two criminal antecedents of similar nature .

6. Considering the fact of the case and also the fact that both the petitioners have got criminal antecedents of similar nature , prayer for anticipatory bail is rejected. (Prabhat Kumar Singh, J) Koushik/- U T