Created by Fuzzy Cloud

Patna High Court

Nantun Mukhiya @ Sukhari MukhiyaversusThe State of Bihar

Decided
Disposal
ALLOWED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.