Patna High Court
Nagina MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
Nagina Mukhiya applied for bail in a case (Banjariya P.S. Case No. 506 of 2025) alleging offences under Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged that 350 litres of country‑made liquor were recovered from the bank of the Tilawe river and that the petitioner was involved in the illegal liquor trade. The petitioner contended that he was falsely implicated, that no incriminating material was found in his possession, and that the recovery took place in a public area; he also pointed to the grant of bail to a co‑accused in a related matter. The State opposed bail, but the Court noted the petitioner’s prolonged custody, lack of material evidence, and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and therefore decided to grant bail with conditions. The order released the petitioner on bail upon furnishing bonds of Rs.15,000 with two sureties and imposed standard conditions regarding appearance, non‑tampering with evidence, and non‑intimidation of witnesses.
Issues considered
- Whether bail should be granted to the petitioner under the circumstances of the case
- Whether the petitioner’s alleged involvement in offences under Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act warrants denial of bail
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 affects the bail application
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275
Subjects
- bail
- criminal procedure
- illegal liquor
- Section 274
- Section 275
- Bihar Prohibition and Excise Act
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11313 of 2026
Arising Out of PS. Case No.-506 Year-2025 Thana- BANJARIA District- East Champaran
======================================================
Nagina Mukhiya S/O Raghujnath Mukhiya @ Raghunath Mukhiya R/O
Village- Rohiniya, P.S- Banjariya, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar, Advocate
For the Opposite Party/s : Mr.Nityanand Tiwary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and Mr.
Nityanand Tiwary, learned APP for the State.
2. The petitioner seeks bail in connection with
Banjariya P.S. Case No. 506 of 2025, instituted for the offences
punishable under Section 274 and 275 of the Bharatiya Nyaya
Sanhita, 2023 and u/s 30(a) of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that total 350
litres of country made liquor was recovered from the bank of
Tilawe river.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner was not arrested on the spot. The
name of the petitioner has been disclosed by the apprehended
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person. 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. Learned counsel for
the petitioner further submitted that the recovery has been made
from open place, which is accessible to public at large. Learned
counsel for the petitioner further submits that other co-accused
has been granted bail by a Co-ordinate Bench of this Court vide
order dated 12.01.2026 passed in Cr. Misc. No. 91279 of 2025.
The petitioner is in custody since 24.12.2025 and has got three
criminal antecedents. There is no compliance of Section 103 of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP 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 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/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Banjariya P.S. Case
No. 506 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
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close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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