Patna High Court
Ramesh MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Ramesh Mukhiya, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 40 litres of country-made liquor recovered from a riverbank. He claimed innocence, stating that the liquor was found in an open area and that his name was implicated due to local political motives, and he had no prior criminal record. The prosecution opposed bail, but the court noted the lack of incriminating material in the petitioner's possession and the non‑compliance of Section 103 of the BNSS, 2023. Considering the circumstances and the period of custody since 09‑12‑2025, the court decided to grant bail. The petitioner was ordered to furnish a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the facts and non‑compliance of Section 103 of the BNSS, 2023
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- criminal procedure
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 103 BNSS
- no prior criminal record
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1723 of 2026
Arising Out of PS. Case No.-3 Year-2021 Thana- Excise P.S. District- Madhepura
======================================================
Ramesh Mukhiya Son of Arjun Mukhiya Resident of Village- Parwa Ward
No. 03, P.S.- Murliganj, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surya Narayan Yadav, Adv.
For the Opposite Party/s : Ms. Gulnar Begum, 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
Madhepura Excise PS Case No. 788 of 2021 instituted for the
offences under Section 30(a) of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that 40 liters of
country made liquor was recovered from the bank of the river.
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
Patna High Court CR. MISC. No.1723 of 2026(2) dt.19-01-2026
2/2
for the petitioner submits that the recovery has been made from
an open place which is accessible to one and all and the name of
the petitioner transpired in this case on the disclosure made by
the local persons due to dirty village politics. The petitioner is in
custody since 09.12.2025 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 Madhepura Excise PS Case No. 788
of 2021.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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