Bijay Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70171 of 2025 Arising Out of PS. Case No.-425 Year-2025 Thana- DHAKA District- East Champaran ====================================================== Bijay Mukhiya S/o Lalbahadur Mukhiya R/o Village - Bishrahiya, P.S - Dhaka, District - East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sumit Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-10-2025 Heard Mr. Sumit Kumar Gupta, learned counsel appearing on behalf of the petitioner and Mr. Kumar Veerendra Narayan, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Dhaka P.S. Case No. 425 of 2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the allegation made in the FIR, 40 litres of illicit liquor was recovered from a newly construed house of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has been

Patna High Court CR. MISC. No.70171 of 2025(2) dt.13-10-2025 2/3 falsely implicated in the case. He has no concern either with the seized liquor or trade of liquor in any manner. The petitioner is the owner of the newly construed house and at the time of alleged seizure he was not present at the said house of the petitioner, which creates doubt that some other person may have kept the illicit liquor in his house in an illegal manner. The petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District Court where the case is pending in connection with Dhaka P.S. Case No. 425 of 2025 , subject to the condition as laid down under Section 482(2) of the BNSS.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has

Patna High Court CR. MISC. No.70171 of 2025(2) dt.13-10-2025 3/3 been stated in Para-3 of the bail petition, this order will automatically lose its force.

(Purnendu Singh, J) Ashishsingh/- U T