Ramkishor Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 88890 of 2024 Arising Out of PS. Case No.-192 Year-2024 Thana- SATHI District- West Champaran ====================================================== 1.

Ramkishor Mukhiya Son of Babulal Mukhiya Resident of Basantpur, P.S. - Sathi, District - West Champaran 2.

Ramesh Mukhiya Son of Dev Mukhiya Resident of Hardiwelhwa, P.S. - Shikarpur, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-01-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Sathi P.S. Case No. 192 of 2024, instituted under Sections 274, 275 of B.N.S. and under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, on secret information, the police personnel proceeded to conduct raid at Turki Nala near Jamunbadi. It is further alleged that the accused persons fled away from the place of occurrence and 120 litres of illegal liquor have been recovered.

4. Learned counsel for the petitioners submit that petitioners are innocent and have falsely been implicated in this

Patna High Court CR. MISC. No. 88890 of 2024(2) dt.08-01-2025 2/2 case on the basis of disclosure made by the chowkidar due to village politics. He further submits that except the disclosure of the chowkidar, there is no material against the petitioners. Learned counsel further submits that petitioners were not present at the place of occurrence, which is an open place and accessible to public at large. Petitioners have no criminal antecedent and they undertake to cooperate in the investigation.

5. Learned A.P.P. for the State opposed the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Court of learned Exclusive Special Judge, Excise II, Bettiah, West Champaran where the case is pending in connection with Sathi P.S. Case No. 192 of 2024, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) Siwani/- U T