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Patna High Court

Dukhi MukhiyaversusThe state of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Dukhi Mukhiya, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 150 litres of country-made liquor recovered from a public place. The petitioner claimed innocence, stating no incriminating material was found in his possession and that he was merely a passerby. He had been in custody since 23 November 2025 and had no prior criminal record, and the prosecution had not complied with Section 103 of the BNSS, 2023. The State opposed bail, but the court considered the lack of evidence, the duration of custody, and the petitioner’s clean record. Consequently, the court granted bail on condition of a Rs.15,000 bond with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
  • Whether the non‑compliance of Section 103 of the BNSS, 2023, affects the grant of bail

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • BNSS 2023
  • Section 103
  • criminal procedure
  • custody
  • no prior record

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1625 of 2026
                    Arising Out of PS. Case No.-263 Year-2025 Thana- ARERAJ District- East Champaran
                 ======================================================
                 Dukhi Mukhiya S/o Bhawan Mukhiya Resident of Village- Jaga Pakar Purana
                 Dih, Ward No 10, P.S.- Harsidhi, District- East Champaran

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The state of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Karandeep Kumar, Adv.
                 For the Opposite Party/s :        Mr. Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2. The petitioner seeks bail in connection with Areraj PS

                   Case No. 263 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 150 liters of

                   country made liquor was recovered from the jute sack.

                           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. Learned counsel

                   for the petitioner submits that the recovery has been made from
           Patna High Court CR. MISC. No.1625 of 2026(2) dt.19-01-2026
                                                       2/2




                     an open place which is accessible to one and all and petitioner

                     was only the passerby of the way and has become victim of the

                     circumstances. The petitioner is in custody since 23.11.2025 and

                     has got no criminal antecedent. There is no compliance of

                     Section 103 of the BNSS, 2023.

                             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 Areraj PS Case No. 263 of 2025.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T


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