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Patna High Court

Ramesh MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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