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Patna High Court

Satnarayan Mukhiya @ Sato Mukhiya @ SatoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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