Allowed

Umashankar Mukhiya v. The State of Bihar

Patna HC4 Feb 2025CR. MISC./5895/2025

Case brief

AI extract

What is this about?

Petitioner named in FIR for illicit manufacture and trade of country-made liquor sought anticipatory bail. The court doubted recovery from his conscious possession as the place was open and accessible to public and his name came from a local chowkidaar's information.

What did the court decide?

Petitioner directed to be released on bail on arrest or surrender within four weeks, furnishing bail bond of Rs.10,000 with two like sureties, subject to Section 438(2) CrPC/Section 482(2) BNSS condit

Umashankar Mukhiya Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5895 of 2025

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Arising Out of PS. Case No.-188 Year-2014 Thana- CHIRAIYA District- East Champaran

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======================================================

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Umashankar Mukhiya Son of Ram Govind Mukhiya Resident of Village - Hasuaha, P.S.- Muffasil Motihari, District - East Champaran at Motihari.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Aditya Kumar Pandey For the Opposite Party/s : Mr.Ram Priya Sharan Singh

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======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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2 04-02-2025

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Heard the parties.

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The accused/petitioner is named in the F.I.R.

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and apprehending his arrest in connection with Chiraiya P.S. Case No. 188 of 2014 registered for the offences punishable under Sections 272, 273 and 290 of the

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Indian Penal Code and Section 47 (A) of the Excise Act.

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The allegation against the petitioner is to

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involve in illegal manufacturing of country-made liquor and also to involve in trade. It is alleged that during raid

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50 liters illicit country-made liquor and ten drums of

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semi-prepared illicit liquor were recovered from alleged

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manufacturing place.

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Patna High Court CR. MISC. No.5895 of 2025(2) dt.04-02-2025 2/3

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Learned counsel appearing on behalf of the petitioner submitted that recovery of alleged illicit liquor was made from the bank of a river, which is an open place and easily accessible by general public and as such not appears recovered from the conscious physical possession of this petitioner. It is submitted that name of petitioner found involved in the present case out of information supplied by local chowkidaar, without having any connecting evidence. While concluding the argument it is submitted that petitioner is a man of clean antecedent.

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Learned APP appearing on behalf of the State, opposes the prayer for bail.

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In view of the facts and circumstances as mentioned above and by taking note of the fact, as alleged manufacturing activity was in an open place, easily accessible by general public, where name of petitioner appears in the present case on the basis of information supplied by local chowkidaar doubting the recovery of illicit liquor in totality from the conscious

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Patna High Court CR. MISC. No.5895 of 2025(2) dt.04-02-2025 3/3

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physical possession of petitioner, accordingly the petitioner above named, in the event of his arrest or surrender before the learned Court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court no. 1, East Champaran, Motihari/concerned Court where the case is pending in connection with Chiraiya P.S. Case No. 188 of 2014 subject to the conditions as laid down under Section 438(2) of the Cr.P.C./ Section 482(2) of BNSS.

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(Chandra Shekhar Jha, J)

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Sudha/-

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U T

Umashankar Mukhiya v. The State of Bihar

Case brief

What is this about?

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Umashankar Mukhiya v. The State of Bihar

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