Rajan Mukhiya @ Rajan Kumar Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71481 of 2025 Arising Out of PS. Case No.-144 Year-2025 Thana- Nawalpur District- West Champaran ====================================================== Rajan Mukhiya @ Rajan Kumar Mukhiya S/O Baharan Mukhiya R/O Village- Nawalpur, Police Station- Nawalpur, District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vashisth Narayan Mishra, Advocate For the Opposite Party/s :
Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-10-2025 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Nawalpur P.S. Case No. 144 of 2025 for the offence registered under sections 30(a) of the Bihar Prohibition and Excise Act lodged on 27.08.2025 by the informant, Ekta Kumari.
3. As per the prosecution story, the police intercepted a motorcycle and there is recovery/seizure 8.460 litres of foreign liquor. The person apprehended Mulayam Yadav gave the name of the petitioner, this led to the FIR.
4. Learned Counsel for the petitioner submits that only because of two criminal antecedent under this belt, got implicated, he does not own either the vehicle or the liquor. The last submission is that if granted relief, he shall be diligently
Patna High Court CR. MISC. No.71481 of 2025(2) dt.15-10-2025 2/3 appearing in trial.
5. Learned APP Mr. Jitendra Kumar Singh, for the State, on the other hand, opposes the prayer for anticipatory bail submitting that he has criminal antecedent.
6. Taking into account the submission of the parties as also the fact that the petitioner do not own the vehicle nor anything has been record from his conscious possession, in that background, this Court is inclined to grant him the anticipatory bail with condition.
7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court-II, Bettiah, West Champaran in connection with Nawalpur P.S. Case No. 144 of 2025 subject to condition as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor of the petitioner(s) should be the family members/relatives/distant relatives of the petitioner, who shall provide official document to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every date before the Trial court and failure to do so for two
Patna High Court CR. MISC. No.71481 of 2025(2) dt.15-10-2025 3/3 consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself; (iii) the petitioner(s) shall appear before the concerned police station every fortnight for next six months to mark attendance and at the end of the period, the certificate be submitted to the Court;
(iv) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner(s) shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Raj Ranjan/- U T