IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No 56122 of 2026 Arising Out of PS. Case No.-18 Year-2026 Thana- CHIRAIYA District- East Champaran ====================================================== 1. Nageshwar Mukhiya @ Nageshwar Kumar S/o Bhuteli Mukhiya R/o Village - Hasuaha, P.S - Muffasil, District - East Champaran 2. Umesh Mukhiya @ Umesh Kumar S/o Bhuteli Mukhiya R/o Village - Hasuaha, P.S - Muffasil, District - East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar For the Opposite Party/s : Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR JUSTICE RANJAN KUMAR JHA ORAL ORDER 2 13-08-2026 Heard learned counsel for the petitioners and the learned APP. 2 This application has been filed on behalf of the petitioners for grant of anticipatory bail who are apprehending their arrest in connection with Chiraiya PS Case No 18 of 2026 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act. 3 The allegation is that on information when police reached the place of occurrence, two persons fled away after seeing the police party. FIR further contains recovery of 150 liters of country made chulhai liquor by the side of Sarougarh river and the local Chaukidar identified the persons who fled Patna High Court CR. MISC. No.56122 of 2026(2) dt.13-08-2026 2/3 away as Nageshwar Mukhiya and Umesh Mukhiya, the petitioners of this case. 4 The learned counsel for the petitioners submits that the petitioners have been falsely implicated in this Case. FIR itself shows that the recovery is from an open area. Petitioners have no connection from the place from where recovery was made or with the alleged recovered material. Petitioners were implicated on the basis of alleged disclosure made by the local Chaukidar who is inimical to them. 5 The learned counsel for the State vehemently opposed the prayer for bail. 6 Having considered the rival submissions and, in particular, that the recovery has been made from an open area, there is no recovery from the physical possession of the petitioners and the manner in which they have been implicated, I am inclined to grant anticipatory bail to the petitioners. 7 Let the petitioners above named, in the event of their arrest/surrender within a period of four weeks from today, be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge I, East Champaran, Motihari in Chiraiya PS Case No 18 of 2026 Patna High Court CR. MISC. No.56122 of 2026(2) dt.13-08-2026 3/3 subject to all conditions as laid down under Section 482 (2) of the BNSS and with further condition that: The petitioner shall cooperate with the investigation and in the event of non- cooperation, the State/informant may file application for cancellation of bail. 8 This application is allowed. M.E.H./- (Ranjan Kumar Jha, J) U T