IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57373 of 2025 Arising Out of PS. Case No.-1262 Year-2023 Thana- Excise P.S. District- Kishanganj ====================================================== Deepak Kumar Mukhiya, S/o Suren Mukhiya, Resident of Village - Chichora Bairia Ward no. 12, P.S.- Bibiganj , District - Kishanganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amal Kumar Sinha, Advocate For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 2 09-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends arrest in connection with Special Case No. 1304 of 2023 arising out of Kishanganj Madhya Nisedh P.S. Case No. 1262 of 2023 for the offence registered under Section 30(a) and 32(3) of Bihar Prohibition & Excise Act. 3. As per the prosecution case, total 2.600 litres of foreign liquor was recovered from possession of the co-accused Akshay Kumar Mandal who was apprehended on the spot carrying a backpack on his shoulder. 4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case being the owner of the motorcycle. Petitioner was neither present on the spot nor any incriminating article has been Patna High Court CR. MISC. No.57373 of 2025(2) dt.09-09-2025 2/2 recovered from the conscious possession of the petitioner. Further submission is that the apprehended co-accused has taken the said motorcycle on the pretext of treatment of his father. Petitioner has no knowledge about the misdeed of the co- accused. Petitioner has no criminal antecedent. He undertakes to cooperate in the investigation and trial. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail. 6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise-II, Kishanganj, in connection with Special Case No. 1304 of 2023 arising out of Kishanganj Madhya Nisedh P.S. Case No. 1262 of 2023, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023. khushbu/- (Sunil Dutta Mishra, J) U T