IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41077 of 2025 Arising Out of PS. Case No.-108 Year-2025 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Munnilal Mukhiya S/o Late Shiv Ratan Mukhiya @ Sukesar Mukhiya @ Sukeshwar Mukhiya R/o Village- Madhub anighat, P.S.- Muffasil, District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Karandeep Kumar, Advocate For the Opposite Party/s : Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 02-07-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Muffasil PS Case No. 108 of 2025 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 225 liters liquor was recovered from Gandak river. It is also alleged that 2400 liters paas destroyed at spot. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got Patna High Court CR. MISC. No.41077 of 2025(2) dt.02-07-2025 2/2 no concern with the alleged recovery of liquor. Name of the petitioner has surfaced in this case on the disclosure made by local chowkidar. It is submitted that recovery is from an open place, which is accessible to one and all. The petitioner is in custody since 21-03-2025 and has got one criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Muffasil PS Case No. 108 of 2025. Raj Kishore/- (Rudra Prakash Mishra, J) U T