Patna High Court
Brijesh Kumar Mukhiya @ Brijesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner subject to a cash bond and surety conditions.
Summary
The petitioner, Brijesh Kumar Mukhiya, was arrested in connection with the recovery of 20 litres of country-made liquor and three motorcycles, alleged to be offences under Section 30(a) of the Bihar Prohibition and Excise Act and several sections of the Bharatiya Nyaya Sanhita, 2023. He contended that he had no knowledge of or possession of the liquor or motorcycles, possessed no criminal antecedents, and that no incriminating material was found on him. The State opposed bail, citing the seriousness of the offences, while the petitioner highlighted his clean record and the fact that a co-accused had already been granted bail. The Court, considering the petitioner’s clean antecedent, the period of custody already endured, and the lack of material linking him to the contraband, decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and the requirement to appear at every trial date.
Issues considered
- Whether bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023, considering the nature of the offences and the petitioner’s antecedents
- Whether the non‑compliance of Section 103 of the BNSS, 2023, precludes bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 317(5), 318(4), 336(3), 338, 340(2), 3(5)
Subjects
- bail
- prohibition law
- excise
- Bharatiya Nyaya Sanhita
- criminal procedure
- possession of illicit liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11908 of 2026
Arising Out of PS. Case No.-929 Year-2025 Thana- MAJHAULIA District- West Champaran
======================================================
Brijesh Kumar Mukhiya @ Brijesh Kumar Son of Satyanarayan Mukhiya @
Satynaarayan R/o Vill. - Dumari, P.S. - Majhauliya, District - West Champarn.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gyan Prakash, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Majhauliya PS Case No. 929 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act
and Sections 317(5), 336(3), 338, 340(2), 318(4) & 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that 20 liters
country made liquor was recovered from hut. It is also alleged
that three motorcycles were also recovered.
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
Patna High Court CR. MISC. No.11908 of 2026(2) dt.19-02-2026
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the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
that petitioner is not the owner of any of the motorcycles and he
has no concern with the same. 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
17.02.2026, passed in Cr. Misc. No. 11350 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, after framing
of charge, if not already framed, 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 Majhauliya PS Case No. 929 of 2025,
subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
Patna High Court CR. MISC. No.11908 of 2026(2) dt.19-02-2026
3/3
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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