IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66016 of 2025 Arising Out of PS. Case No.-213 Year-2025 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Sakaldeep Mukhiya, Son of Yodha Mukhiya @ Jodha Mukhiya, Resident Of Village -Hasuaha, P.S -Muffasil (Motihari), District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms Alka Singh, Advocate For the Opposite Party/s : Mr.Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. In the present case, the petitioner seeks bail in connection with Motihari Muffasil P.S. Case No. 213 of 2025 registered for the alleged offence under Section 30 (a) of the Bihar Prohibition Act and Excise Act. 3. As per prosecution case, police received information about two persons about to take out a consignment of illicit country made liquor. When the police party reached the spot, two persons, leaving behind the motorcycle, started running away. They were chased but they made good their escape. The local chaukidar disclosed that one of the persons was the present petitioner. Two sacks were found near the Patna High Court CR. MISC. No.66016 of 2025(2) dt.24-09-2025 2/3 motorcycle left behind the petitioner and recovery of 80 liters of country made liquor was made from the sacks. From the nearby place of cowshed of this petitioner, recovery of total 160 liters of country made liquor was made. 4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner was not apprehended from the spot and nothing incriminating has been recovered from the person/possession of the petitioner. From the FIR, it is apparent that recovery has been made from an open place accessible to all. The petitioner has no concern with either seized liquor or motorcycle. The petitioner is in custody since 25.06.2025 and is having antecedent of seven cases. The charge sheet has been submitted. 5. Learned A.P.P. opposes the submissions made on behalf of the petitioner. 6. Having regard to the facts and circumstances and submissions made hereinabove and considering the fact that the petitioner was not apprehended from the spot and no recovery has shown from him and further considering the period of custody of the petitioner along with submission of charge sheet, the petitioner is directed to be released on bail on furnishing bail Patna High Court CR. MISC. No.66016 of 2025(2) dt.24-09-2025 3/3 bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, East Champaran, Motihari, in connection with Muffasil P.S. Case No. 213 of 2025, subject to the conditions mentioned in Section 480 (3) of BNSS and also the following conditions : (i) One of the bailors will be the close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. V.K.Pandey/- (Arun Kumar Jha, J) U T