Patna High Court
Nantun Mukhiya @ Sukhari MukhiyaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner subject to a bond and sureties.
Summary
Nantun Mukhiya was arrested in connection with a case registered under Section 30(a) of the Bihar Prohibition and Excise Act after 315 litres of Nepali liquor were recovered from bushes behind his house. The petitioner claimed he was innocent, arguing that the liquor was found in an open area and not in his possession, and that he had been in judicial custody since 3 February 2026. The State opposed bail, citing two prior criminal cases against the petitioner. After hearing both sides, the Court considered the circumstances, including the location of the recovery and the petitioner’s claim of innocence, and decided to grant bail. The bail was conditioned on a bond of Rs.10,000 with two sureties of the same amount, to be approved by the Special Judge of the Exclusive Excise Court No. II, Sitamarhi.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the recovery of liquor from an open area negates possession for the purpose of bail
- Whether the petitioner’s prior criminal antecedents justify denial of bail
Subjects
- bail
- prohibition act
- excise
- possession
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17822 of 2026
Arising Out of PS. Case No.-478 Year-2025 Thana- SURSAND District- Sitamarhi
======================================================
Nantun Mukhiya @ Sukhari Mukhiya Son of Ramjatan Mukhiya Resident of
Village - Sursand, Near Loha Pul, Ward No. -11, P.S.- Sursand, District -
Sitamadhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Sursand P.S. Case No. 478 of 2025 registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The case of the prosecution, in short, is that from
the bushes behind the house of the petitioner, altogether 315
liters of Nepali country-made liquor were recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that nothing has been recovered from the
Patna High Court CR. MISC. No.17822 of 2026(2) dt.24-03-2026
2/2
possession of this petitioner rather the recovery was made from
a buses which is an open place. He further submits that the
petitioner is languishing in judicial custody since 03.02.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of two cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Special
Judge, Exclusive Excise Court No. II, Sitamarhi in connection
with Sursand P.S. Case No. 478 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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