Patna High Court
Dewa Mukhiya @ Deba MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Dewa Mukhiya, was arrested in connection with the recovery of 350 litres of liquor from a river bank and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no possession of the liquor, that the recovery was made in a public area, and that his name was implicated solely on the basis of a local chowkidar’s disclosure. The petitioner had been in custody since 21‑11‑2025 and possessed two prior criminal antecedents, while the prosecution had not complied with Section 103 of the B.N.S.S., 2023. The State opposed bail, but the court considered the lack of incriminating material, the public nature of the seizure, and the prolonged custody. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case and the petitioner’s antecedents.
- Whether the non‑compliance with Section 103 of the B.N.S.S., 2023 affects the grant of bail.
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- liquor seizure
- criminal procedure
- antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15571 of 2026
Arising Out of PS. Case No.-506 Year-2025 Thana- BANJARIA District- East Champaran
======================================================
Dewa Mukhiya @ Deba Mukhiya S/o- Jaleshwar Mukhiya R/v- Rohiniya Ps-
Banjariya District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar, Advocate
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 11-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Banjariya P.S. case No.
506 of 2025 instituted for the offences under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 350 liters
liquor was recovered from the bank of river.
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
further submitted that the name of the petitioner has transpired
Patna High Court CR. MISC. No.15571 of 2026(2) dt.11-03-2026
2/2
on the basis of disclosure made by local chowkidar. Recovery
has been made from an open place accessible to public at large.
The petitioner is in custody since 21.11.2025 and has got two
criminal antecedents. There is no compliance of Section 103 of
B.N.S.S., 2023. Co-accused has been granted regular bail by
this Bench vide order dated 13.02.2026 passed in Cr. Misc. No.
11313 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 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 Banjariya P.S. case
No. 506 of 2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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