Patna High Court
Satnarayan Mukhiya @ Sato Mukhiya @ SatoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Satnarayan Mukhiya, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 69 litres of country-made liquor recovered near a river. He claimed innocence, stating that the liquor was found in a public open area and he was merely a passerby, with no incriminating material found on his person and a clean criminal record. The State opposed bail, but the court noted the lack of direct evidence, the petitioner’s custody since 19‑10‑2025, and the non‑application of Section 103 of the BNSS, 2023. Considering these factors, the court decided to grant bail. The petitioner was ordered to be released on bail upon furnishing a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner under the circumstances of the case
- Whether the requirements of Section 103 of the BNSS, 2023, for bail have been satisfied
- Whether the petitioner’s alleged involvement in the alleged liquor possession can be established
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition
- excise
- liquor
- criminal procedure
- Section 30(a)
- Section 103
- BNSS
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1769 of 2026
Arising Out of PS. Case No.-60 Year-2025 Thana- LARJHAGHAT District- Samastipur
======================================================
Satnarayan Mukhiya @ Sato Mukhiya @ Sato Son of Late Ramvilash
Mukhiya Resident of Village - Ward No.- 10, Balsandi, P.S.- Larjhaghat,
District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rohit Kumar, Adv.
For the Opposite Party/s : Mr. Pradeep Narain Kumar, 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 Larjhaghat
PS Case No. 60 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 69 liters of
country made liquor was recovered from the plastic box near 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.1769 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 petitioner
was only the passerby of the way and has become victim of the
circumstances. The petitioner is in custody since 19.10.2025 and
has got clean 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 Larjhaghat PS Case No. 60 of 2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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