Bali Mukhiya @ Vali Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69440 of 2025 Arising Out of PS. Case No.-245 Year-2024 Thana- SANGRAMPUR District- East Champaran ====================================================== Bali Mukhiya @ Vali Mukhiya S/O Mahender Mukhiya R/O VillageSangrampur Bin Toli, Police Station- Sangrampur, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case instituted under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, total 12 litres illicit liquor was recovered from the place situated near the bank of Gandak river.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner was neither present on the place of occurrence nor any incriminating material has been recovered from conscious possession of the petitioner. The place of recovery is open place accessible to anyone and the same does not belong to

Patna High Court CR. MISC. No.69440 of 2025(2) dt.09-10-2025 2/2 the petitioner. Petitioner is not involved in making illicit liquor. Except secret information, there is nothing material against the petitioner. Petitioner has clean antecedent and he undertakes to cooperate in the investigation and the 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 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Court concerned, Motihari, East Champaran in connection with Sangrampur P.S. Case No.245 of 2024 subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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