Patna High Court
Devan MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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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