Patna High Court
Amirka Mukhiya @ Amerika MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to cash bond, sureties and specific conditions.
Summary
Amirka Mukhiya was charged under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 70 litres of liquor near a riverbank. An earlier anticipatory bail was granted, but after verification the court found eight prior criminal antecedents and refused bail bonds. The petitioner argued innocence, lack of incriminating material in his possession, and that the liquor was recovered from a public open place, also contending non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the facts, the court decided to grant bail, imposing a cash bond of Rs.15,000 with two sureties and conditions regarding family surety, court appearances, non‑tampering with evidence, and refraining from similar offences.
Issues considered
- Whether bail should be granted to a person charged under Section 30(a) of the Bihar Prohibition and Excise Act despite eight prior criminal antecedents.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Legislation cited
Subjects
- bail
- excise
- prohibition act
- Section 30(a)
- Section 103
- criminal antecedents
- anticipatory bail
- liquor seizure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12308 of 2026
Arising Out of PS. Case No.-2048 Year-2023 Thana- Excise P.S. District- East Champaran
======================================================
Amirka Mukhiya @ Amerika Mukhiya S/o- Bhaju Mukhiya @ Rambhaju
Mukhiya R/v- Hashuaha Ps- Muffasil Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mrs. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Excise
P.S. Case No. 2048 of 2023, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. Earlier vide order dated 08.01.2025 passed in Cr.
Misc. 88032 of 2024, anticipatory bail was granted to the
petitioner by a Co-ordinate Bench of this court with a direction
to verify the criminal antecedent of the petitioner. Further, it
appears that the learned Court below, after verification, has
found that petitioner bears eight criminal antecedents,
accordingly, the bail bonds of the petitioner was not accepted.
Patna High Court CR. MISC. No.12308 of 2026(2) dt.23-02-2026
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4. The prosecution case, in short, is that 70 liters
liquor was recovered from an open place near the bank of river.
5. 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. Learned counsel
for the petitioner also submitted that the petitioner was not
arrested on spot. The petitioner has been arrested only on the
basis of suspicion. It is further submitted that the alleged
recovery has been made from an open place and the same is
easily accessible to the public at large. The petitioner is in
custody since 18.12.2025 and has got eight criminal
antecedents. There is no compliance of Section 103 of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
6. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
7. 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.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
Patna High Court CR. MISC. No.12308 of 2026(2) dt.23-02-2026
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sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise P.S. Case No.
2048 of 2023, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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