Patna High Court
Rajesh MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Anticipatory bail was granted to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Rajesh Mukhiya, was apprehended for alleged involvement in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 114 litres of liquor were recovered. He contended that his name was only disclosed by a co‑accused and that he had no criminal antecedent or any role in the recovery. The petitioner argued that there was no prima facie case and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the grant of anticipatory bail. The Court, noting the lack of substantive evidence, the procedural lapse, and the petitioner’s clean record, ordered that anticipatory bail be granted subject to a bond of Rs.15,000 and two sureties, with surrender within six weeks, under Section 482(2) of the BNSS 2023.
Issues considered
- Whether there is a prima facie case against the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the procedural requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been complied with.
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS 2023.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- false implication
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- procedural compliance
- criminal antecedent
- bond and surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16614 of 2026
Arising Out of PS. Case No.-63 Year-2024 Thana- MAHUAWA District- East Champaran
======================================================
Rajesh Mukhiya S/O Late Vishwanath Mukhiya R/O Vill-Tinkoni, P.S- Darpa,
District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aditya Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner apprehends his arrest in connection
with Mahuawa PS Case No. 63 of 2024 instituted for the
offences under Section 30(a) of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that total 114
litres of liquor was recovered from a plastic sack.
4. Learned counsel for the petitioner submitted that
the petitioner has falsely been implicated in the present case.
The name of the petitioner transpired in this case on the basis of
disclosure made by apprehended co-accused person. The
petitioner has got no concern with the alleged recovery of
Patna High Court CR. MISC. No.16614 of 2026(2) dt.13-03-2026
2/2
liquor. The petitioner has no criminal antecedent. There is no
compliance of Section 103 of the Bharatiya Nagarika Suraksha
Sanhita, 2023. Learned counsel for the petitioner, therefore,
contends that prima-facie no case is made out against the
petitioner. Other co-accused has been granted bail by this Court
vide order dated 24.02.2025, passed in Cr. Misc. No. 10068 of
2025.
5. Learned APP 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, let the petitioner above named, in the event of
arrest/surrender before the learned Court below within a period
of six weeks from today, be released on anticipatory 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 Mahuawa PS Case
No. 63 of 2024, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,
2023.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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