Patna High Court

Niraj Kumar MukhiyaversusThe State of Bihar

Decided: 1 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

Bail is granted subject to a bond of Rs.10,000, two sureties, a charitable donation of Rs.25,000, and monthly police attendance.

Summary

The petitioner, Niraj Kumar Mukhiya, was arrested on 31 January 2026 for alleged possession of 84.6 litres of illicit country-made liquor seized from a motorcycle, alleged to violate Section 30(a) of the Bihar Prohibition and Excise Act. He filed a bail petition claiming innocence, stating he had no connection with the motorcycle or the liquor, and noting two prior criminal antecedents. The petitioner offered to donate Rs. 25,000 to a charitable organization without admitting guilt, while the State opposed the bail. The Court, after considering the facts, period of custody, and submissions, ordered the release of the petitioner on bail with a bond of Rs. 10,000 and two sureties of equal amount, subject to depositing Rs. 25,000 with Ramakrishna Math and monthly police attendance. The bail order also stipulated cancellation of the bond upon default, thereby granting the petitioner's request for bail.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the circumstances of the case

Subjects

bail
prohibition law
illicit liquor
Section 30(a)
Bihar
criminal procedure
surety
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20099 of 2026

                   Arising Out of PS. Case No.-36 Year-2026 Thana- TERHAGACHH District- Kishanganj
                 ======================================================
                 Niraj Kumar Mukhiya S/O Ramballav Mukhiya @ Ram Ballabh Mukhiya
                 Resident of Village - Chichora Police Station - Bibiganj, District- Kishanganj
                                                                                ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Nilendu Kumar Choudhary, Adv
                 For the Opposite Party/s :      Mr. Humayou Ahmad Khan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   01-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Special

                   Case No. 39/2026 arising out of Tedhagaach P.S. Case No. 36 of

                   2026 dated 30.01.2026 for the offences punishable under Section

                   30(a) of the Bihar Prohibition and Excise Act.

                                3. The recovery is of 84.600 litres of illicit country-

                   made liquor from the four sacks loaded on the motorcycle.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 31.01.2026 and

                   has two criminal antecedents. The petitioner has no concern either

                   with the motorcycle or the seized liquor.

                                5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- in some charitable

                   organization without accepting his guilt.

                                6. Learned APP appearing for the State opposes the
             Patna High Court CR. MISC. No.20099 of 2026(2) dt.01-04-2026
                                                         2/2


                       prayer for bail of the petitioner.

                                    7. Considering the facts and circumstances of the case,

                       period of custody and submissions of learned counsel for the

                       petitioner, let the petitioner, above named, be released on hail upon

                       furnishing bail bonds of Rs.10,000/- (ten thousand) with two

                       sureties of the like amount each to the satisfaction of the learned

                       Exclusive Special Judge (Excise-1), Kishanganj in connection

                       with Special Case No. 39/2026 arising out of Tedhagaach P.S.

                       Case No. 36 of 2026.

                                    This is also subject to the condition that the petitioner

                       shall deposit an amount of Rs. 25,000/- in Ramakrishna Math,

                       Village         Jharha         (near         Matua   Pahar),     P.O.

                       Gurua, Dist. Gayaji, Bihar, 824205 and produce the receipt of the

                       same before the Court below. The bail bonds of the petitioner shall

                       be accepted after verifying the genuineness of the receipt produced

                       by the petitioner.

                                    As a condition of this order, the petitioner after being

                       released on bail is directed to mark his attendance at Bibiganj

                       Police Station on first Sunday of each month. Any default in

                       appearance at the police station will result in cancellation of bail

                       bonds of the petitioner.



                                                         (Sandeep Kumar, J)
atul/-

U        T

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