Patna High Court
Lal Babu MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner subject to a bond and conditions under the B.N.S.S., 2023.
Summary
Petitioner Lal Babu Mukhiya sought anticipatory bail fearing arrest in a case involving alleged possession of 1.5 litres of illicit liquor. The FIR charged him under Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner claimed innocence, stating no liquor was recovered from his possession and attributing the case to village politics, while noting three unrelated pending cases for which he was on bail. The State opposed bail, highlighting the pending cases. The Court, after hearing both sides, granted anticipatory bail subject to a Rs.30,000 bond and conditions under Section 2(1)(d) and Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023 in view of the alleged offences and pending cases
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 2(1)(d), 274, 275, 3(5), 482(2)
Subjects
- anticipatory bail
- illicit liquor
- excise law
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15749 of 2026
Arising Out of PS. Case No.-69 Year-2025 Thana- LAKHNAUR District- Madhubani
======================================================
Lal Babu Mukhiya S/O Bau Mukhiya Resident of Village and Post- Tamoria,
P.S.- Lakhnaur, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Shankar Choubey, Advocate
For the Opposite Party/s : Mr. Mukesh Kumar Singh, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Lakhnaur P.S. Case No. 69 of 2025 lodged on 28.06.2025,
for the offence punishable under Sections 274, 275 & 3(5) of the
Bharatiya Nyaya Sanhita, 2023 and section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, FIR has been lodged against
three named accused persons including the present petitioner.
Total recovery of 1.5 litres of illicit liquor has been made, which
is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that nothing has been recovered from the conscious
possession of the petitioner and his name has figured in this case
Patna High Court CR. MISC. No.15749 of 2026(2) dt.25-03-2026
2/2
due to dirty village politics. Counsel further submits that the
criminal antecedent of the petitioner is not clean as there are
three cases pending against him and in all the cases, he is on
bail. Counsel submits that all those cases are not relating to
Excise Act.
5. Learned APP for the State opposes the prayer for
bail of the petitioner but submits that there are three cases
pending against the petitioner and those cases are not relating to
Excise Act.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
satisfaction of Special Judge (Excise), Jhanjharpur, in
connection with Lakhnaur P.S. Case No. 69 of 2025, subject to
the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
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