IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35040 of 2025 Arising Out of PS. Case No.-655 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Vikki mukhiya @ vikram kumar @ vikki kumar s/o deepa mukhiya r/o vill.- Harkaina, p.s.- Muffasil, dist.- Motihari ... ... Petitioner/s Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Anil Kumar, Advocate For the Opposite Party/s : Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 3 01-07-2025 1. Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner apprehends his arrest in connection with Motihari Muffasil P.S. Case no.655 of 2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 3. A perusal of F.I.R and seizure list would go to show that a total of 6 liters of illicit liquor was recovered from a Fast Food shop. 4. Learned counsel for the petitioner submits that the petitioner is not the owner of the Fast Food shop. The name of the petitioner has transpired in this case on disclosure of local chowkidar who has inimical terms with the petitioner. Patna High Court CR. MISC. No.35040 of 2025(3) dt.01-07-2025 2/3 There was no independent witness to the seizure list and no recovery has been made from physical or conscious possession of the petitioner. The petitioner undertakes to cooperate in the case/trial. 5. The application for anticipatory bail is opposed by learned A.P.P. for the State on the ground that petitioner has six criminal antecedents. In response, learned counsel for the petitioner submits that he is on bail in the said cases. 6. In view of the aforesaid facts of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Motihari Muffasil P.S. Case no. 655 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the following conditions:- (I) One of the bailors of the petitioner shall be the family member/close relative of the petitioner. (II) He shall co-operate in the investigation/trial and Patna High Court CR. MISC. No.35040 of 2025(3) dt.01-07-2025 3/3 would make himself available before the Investigating Officer of the present case on an interval of every 15 days till investigation is concluded against him. (III) The learned Court below would however, verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay. Harsh/- (Soni Shrivastava, J) U T