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Patna High Court

Devan MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Devan 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 from a public area. He claimed innocence, stating no incriminating material was found in his possession and that the liquor was recovered from an open place accessible to the public. The petitioner had been in custody since 29 October 2025, had no prior criminal record, and the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the court considered the lack of evidence, the duration of custody, and the statutory non‑compliance. Consequently, the court granted bail on the condition of a Rs. 15,000 bond with two sureties of equal amount.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case
  • Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • liquor
  • criminal procedure
  • Section 30(a)
  • Section 103
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2110 of 2026
                   Arising Out of PS. Case No.-60 Year-2025 Thana- LARJHAGHAT District- Samastipur
                 ======================================================
                 Devan Mukhiya Son of Late Sukhdev 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, Advocate
                 For the Opposite Party/s :       Mr.Anand Kishore Choudhary, A.P.P.
                 ======================================================
                 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 P.S. Case No. 60 of 2025, instituted for the offences

                   punishable 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 plastic box near a

                   pond.

                                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.2110 of 2026(2) dt.19-01-2026
                                                       2/2




                     for the petitioner further submitted that the recovery has been

                     made from open place, which is accessible to public at large .

                     The petitioner is in custody since 29.10.2025 and has got no

                     criminal antecedent. There is no compliance of Section 103 of

                     the Bharatiya Nagarik Suraksha Sanhita, 2023.

                                  5. Learned APP 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/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Larjhaghat P.S. Case

                     No. 60 of 2025.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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