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Patna High Court

Rajesh MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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