Created by Fuzzy Cloud

Patna High Court

Nagina MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.11313 of 2026(2) dt.13-02-2026
                                            2/3




          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
           Patna High Court CR. MISC. No.11313 of 2026(2) dt.13-02-2026
                                                       3/3




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.