Patna High Court
Dukhi MukhiyaversusThe state of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- BNSS, 2023 — s. 103
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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