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2025 DAILYLAW 92563 (PAT)

Rajan Mukhiya v. The State of Bihar

CR. MISC./70450/2025 · 2025-12-19

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70450 of 2025 Arising Out of PS. Case No.-88 Year-2025 Thana- KOTWA District- East Champaran ====================================================== Rajan Mukhiya son of Basdeo Mukhiya Resident of Village- Jagir Karoiya Bintoli, Ps- Kotwa, Dist- East Champaran ... ... Petitioner/s Versus The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Yerra Madhavi, Advocate For the Opposite Party/s : Mr. Lakshmi Kant Sharma, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 19-12-2025 Heard learned counsel for the petitioner and the State. 2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. 3. As per the prosecution case, 15 litre country made liquor was recovered from the house of petitioner. 4. Learned counsel appearing for the petitioner submits that no incriminating material has been recovered from conscious possession of the petitioner and he is no way connected with the aforesaid recovery. Petitioner has been made accused only on suspicion. 5. Learned A.P.P. for the State submits that 15 litre illicit liquor was recovered from the house of the petitioner. He further submits that petitioner is not entitled to the privilege of Patna High Court CR. MISC. No.70450 of 2025(2) dt.19-12-2025 2/2 anticipatory bail in view of Full Bench decision of this Court rendered in the case of Ram Vinay Yadav vs. The State of Bihar reported in 2019(2) P.L.J.R. 1089 (F.B.). 6. Considering the aforesaid facts, anticipatory bail application of the petitioner is rejected. vashudha/- (Prabhat Kumar Singh, J) U T