Bullet Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80777 of 2025 Arising Out of PS. Case No.-124 Year-2025 Thana- SANGRAMPUR District- East Champaran ====================================================== 1.

Bullet Mukhiya Son of Bhutti Mukhiya R/o Village - Koirgawa Bintoli, P.S. - Sangrampur, Dist. - East Champaran.

2.

Motilal Mukhiya Son of Musani Mukhiya R/o Village - Koirgawa Bintoli, P.S. - Sangrampur, Dist. - East Champaran.

3.

Suraj Mukhiya Son of Ramchandra Mukhiya R/o Village - Koirgawa Bintoli, P.S. - Sangrampur, Dist. - East Champaran. 4.

Jhulan Mukhiya Son of Bhola MUkhiya R/o Village - Koirgawa Bintoli, P.S. - Sangrampur, Dist. - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Kumar Tiwari For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-12-2025 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 30(a), 32 and 41(1) of the Bihar Excise Act.

3.

Learned counsel for the petitioners submits that petitioner no. 1 has antecedent of one case and petitioner nos. 2, 3 and 4 are person with clean antecedent and allegation is of recovery of 738 litres of liquor from four different breweries. 4.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.80777 of 2025(2) dt.11-12-2025 2/3 petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and are not the owner of the breweries and they came to be implicated at the instance of Chowkidar with whom they are on an inimical term. It is also submitted that if the Chowkidar was aware about the involvement of the petitioners in the occurrence, then why he did not inform the police prior to institution of the instant FIR, which casts an aspersion on the case of the prosecution. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sangrampur P.S. Case No. 124 of 2025, subject to the conditions as laid down under Section Section 482(2) of the BNSS. 7.

It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioners and in the event if it is found that petitioner no. 1 has antecedent of more

Patna High Court CR. MISC. No.80777 of 2025(2) dt.11-12-2025 3/3 than one case and petitioner nos. 2, 3 and 4 have antecedent of even one case then it would be presumed that petitioners, for the purposes of seeking anticipatory bail, had concealed their antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed with respect to that petitioner who had concealed his criminal antecedent before this Court, but after verification if it is found that petitioner no. 1 has antecedent of one case and petitioner nos. 2, 3 and 4 are person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Sumit/- U T