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Patna High Court

Lal Babu MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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