IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60173 of 2025 Arising Out of PS. Case No.-227 Year-2025 Thana- CHIRAIYA District- East Champaran ====================================================== 1. Ramesh Mukhia @ Ramesh Kumar Son of Bhuteli Mukhia @ Bhueli Mukhiya Resident of Village - Hasuaha, P.S. - Motihari Muffasil, District- East Champaran. 2. Panchu Mukhiya @ Panchu Kumar Son of Daroga Mukhiya @ Darog Mukhia R/o Village - Hasuaha, P.S. - Motihari Muffasil, Dist. - East Champaran. ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Prasad, Advocate For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 22-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners are apprehending their arrest in connection with Chiraiya P.S. Case No. 227 of 2025 registered for the offences punishable under Sections 30(a), 41(1), 30(c), 52 of the Bihar Prohibition and Excise Amendment Act, 2022. 3. As per prosecution case, altogether 440 litre country made chulai liquor was recovered from two motorcycles in question and two boats near the bank of river in Saraswaghat village and apprehended co-accused Munna Mukhiya disclosed the name of the petitioners who fled away from the place of occurrence. Patna High Court CR. MISC. No.60173 of 2025(2) dt.22-09-2025 2/3 4. Learned counsel for the petitioners submits that except disclosure of apprehended co-accused, there is nothing on record to demonstrate the complicity of the petitioners with the alleged occurrence. Petitioners were not found at the place of occurrence. He further submits that place of recovery is an open place and petitioner cannot be held liable for the alleged recovery. He further submits that petitioners have no concern either with the seized motorcycles or with the seized boats. Petitioners have nothing to do with the alleged recovery. Petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this case. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioners under the provisions of Bihar Prohibition and Excise Act. Petitioners bears criminal antecedent of one cases in which they are on bail. 5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners. 6. Considering the facts and circumstances of the case, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from Patna High Court CR. MISC. No.60173 of 2025(2) dt.22-09-2025 3/3 today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No. 1, East Champaran, Motihar in connection with Chiraiya P.S. Case No. 227 of 2025, subject to the conditions as laid down under Section 482 (2) of BNSS. 7. The application stands allowed. alok/- (Alok Kumar Pandey, J) U T