Jitendra Mukhiya Vs The State of Bihar

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 17.700 liters of liquor from the house of the petitioner.

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Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and the house in question is a joint family property, as such, it cannot be alleged with certainty that it was petitioner who had kept the liquor in

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Patna High Court CR. MISC. No.55886 of 2025(3) dt.04-12-2025 2/3

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the house or the liquor kept in the house was within his knowledge and he came to be implicated at the instance of Chowkidar with whom he is on an inimical term.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Trial Court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor court in connection with Rahika P.S. Case No. 151 of 2024 subject to the conditions as laid down under Section 482 (2) of the BNSS.

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It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of even one case then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after

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Patna High Court CR. MISC. No.55886 of 2025(3) dt.04-12-2025 3/3

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verification if it is found that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.

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(Satyavrat Verma, J)

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Rishabh/-

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U T

Jitendra Mukhiya v. The State of Bihar

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Jitendra Mukhiya v. The State of Bihar

Case brief

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