Patna High Court
Bimlesh Mukhiya @ Vimlesh MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
Bimlesh Mukhiya was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 247.375 litres of liquor were seized from two motorcycles. The petitioner contended that he was falsely implicated, had no incriminating material in his possession, and was merely the registered owner of one of the motorcycles, with his name surfacing only through a co‑accused’s disclosure. He had been in custody since 20‑12‑2025, possessed a clean criminal record, and the prosecution had not complied with Section 103 of the BNSS, 2023. The State opposed bail, but the court, noting the petitioner’s clean antecedent, short period of custody, and lack of direct evidence, granted bail on a bond of Rs.15,000 with two sureties. The order released the petitioner on bail pending further trial.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the absence of incriminating material and a clean antecedent.
- Whether the non‑compliance of Section 103 of the BNSS, 2023, affects the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- liquor seizure
- criminal procedure
- clean antecedent
- Bihar Prohibition and Excise Act
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10724 of 2026
Arising Out of PS. Case No.-147 Year-2025 Thana- CHORAUT District- Sitamarhi
======================================================
Bimlesh Mukhiya @ Vimlesh Mukhiya S/o Ramdayal Mukhiya Resident of
Village- Basotara @ Bhanta Bari, P.S.- Choraut, Dist.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Ms. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Choraut PS Case No. 147 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 247.375 liters
liquor was recovered from two motorcycles.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
that petitioner is registered owner of one of the seized
Patna High Court CR. MISC. No.10724 of 2026(2) dt.13-02-2026
2/2
motorcycles and his name has surfaced in this case on the
disclosure made by apprehended co-accused person. The
petitioner is in custody since 20.12.2025 and has got no criminal
antecedent/s. There is no compliance of Section 103 of the
BNSS, 2023. Other co-accused has been granted bail by this
Court vide order dated 19.01.2026, passed in Cr. Misc. No. 3428
of 2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent of the petitioner and the period of
custody undergone by the petitioner, this Court is inclined to
grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Choraut PS Case
No. 147 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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