IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12878 of 2025 Arising Out of PS. Case No.-239 Year-2024 Thana- KALUAHI District- Madhubani ====================================================== 1. Raju Mukhiya Son of Souki Mukhiya Resident of village - Mangatol Belahi, P.S.- Kaluahi , District - Madhubani 2. Shiva Mukhiya @ Shiv Kumar Mukhiya Son of Jibach Mukhiya Resident of village - Mangatol Belahi, P.S.- Kaluahi , District - Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravi Prakash For the Opposite Party/s : Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 02-04-2025 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 offence punishable under Sections 274, 275, 3(5) of BNS & Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2022. 3. Learned counsel for the petitioners submits that petitioner no.1 is a person with clean antecedent and petitioner no.2 has antecedent of one case and allegation is of recovery of 20 litres of liquor from a field. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even alleged Patna High Court CR. MISC. No.12878 of 2025(2) dt.02-04-2025 2/3 recovery is from a place which does not belong to the petitioners and is accessible to public at large and they came to be implicated at the instance of chowkidar with whom they are on an inimical term. It is next submitted that it absolutely does not stand to reason that if chowkidar was aware of the involvement of the petitioners in the occurrence then why he did not inform the police prior to the institution of the instant F.I.R., which casts an aspersion on the case of the prosecution. It is also submitted that police in mechanical manner investigates and implicates either at the instance of chowkidar, local people, secret information and confessional statement. 4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners. 5. 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 Court below within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.5000/- (Rupees five thousand) 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 Kaluahi P.S. Case No. 239/2024, subject to the conditions as Patna High Court CR. MISC. No.12878 of 2025(2) dt.02-04-2025 3/3 laid down under Section 438 (2) of the Cr.P.C. 6. It is made clear that thereafter the learned trial court shall verify the criminal antecedents of the petitioner no.1 and 2 and in the event if it is found that petitioner no.1 has antecedent of even one case and the petitioner no.2 has antecedent of more than one case, in that event, the provisional anticipatory bail order shall not be confirmed but after verification, if it is found that petitioner no.1 is a person with clean antecedent and the petitioner no.2 has antecedent of one case, in that event, the provisional anticipatory bail order shall be confirmed forthwith. amit/- (Satyavrat Verma, J) U T