Ramadhar Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88004 of 2024 Arising Out of PS. Case No.-308 Year-2024 Thana- NAUTAN District- West Champaran ====================================================== Ramadhar Mukhiya S/O Late Tirkori Mukhiya Resident of VillageShivrajpur, ward no.- 8 P.S.- Nautan, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Adesh Raj Singh For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-01-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 45 of the Bihar Excise Act and Sections 191(2), 126(2), 115(2), 118(1), 109, 121(1), 121(2) and 132 of BNS.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and the informant alleges that on secret information, police team raided the vegetable field and found illegal liquor concealed under the straw, accordingly the liquor was seized when villagers arrived and attacked the police force with lathi, danda on account of which the informant and his team got injured, further alleges that the mob even tried to snatch the mobile and official pistol of the force.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case with

Patna High Court CR. MISC. No.88004 of 2024(2) dt.24-01-2025 2/2 general and omnibus allegation. It is next submitted that since the petitioner stays nearby to the place of occurrence as such on hearing ruckus, he also came to the place of occurrence to witness that what was happening and he came to be implicated.

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

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) 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 Nautan P.S. Case No. 308 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify his criminal antecedent and in the event if it is found that petitioner has antecedent of more than one case, in that event the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) Rishabh/- U T