Santosh Mukhiya @ Santosh Kumar Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67395 of 2025 Arising Out of PS. Case No.-339 Year-2025 Thana- SUPAUL District- Supaul ====================================================== Santosh Mukhiya @ Santosh Kumar Mukhiya S/O Dinesh Mukhiya R/O Vill.- Basuaa Fatak, Ward no. 11, P.S. and Dist.- Supaul. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prasoon Kumar, Advocate For the State :
Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Supaul P.S. Case No. 339 of 2025, dated 02.07.2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per allegation, 78 litre of illicit liquor has been recovered from the bush situated at public place and as per the local people, the illicit liquor belongs to the petitioner.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the place of recovery is accessible to the public at large and the petitioner has nothing to do with
Patna High Court CR. MISC. No.67395 of 2025(2) dt.24-09-2025 2/3 the alleged offence. Hence, no prima facie case is made out against the petitioner and the present anticipatory bail petition is maintainable.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Supaul P.S. Case No. 339 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court
Patna High Court CR. MISC. No.67395 of 2025(2) dt.24-09-2025 3/3 below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) shoaib/- U T