Patna High Court
Rajendra MukhiyaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Petitioner Rajendra Mukhiya was arrested in connection with the seizure of 100 litres of illicit country-made liquor and charged under sections 30(a) and 41 of the Bihar Prohibition and Excise Act and sections 274 and 275 of the Bihar Narcotic Substances Act. The petitioner claimed innocence, stating that nothing was recovered from his possession and that the police failed to comply with Section 105 of the BNSA while preparing the seizure list. He had been in judicial custody since 21‑12‑2025 and the State opposed bail, citing two prior criminal cases. The court examined the procedural irregularities and the petitioner’s antecedents and decided to grant regular bail on a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Excise Court. The order directed his release pending trial.
Issues considered
- Whether regular bail should be granted to the petitioner despite the charges under the Bihar Prohibition and Excise Act and the Bihar Narcotic Substances Act.
- Whether the alleged non‑compliance with Section 105 of the BNSA in preparing the seizure list warrants bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105, 274, 275
Subjects
- bail
- prohibition law
- excise
- procedural lapse
- seizure
- prior convictions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21539 of 2026
Arising Out of PS. Case No.-344 Year-2024 Thana- BANJARIA District- East Champaran
======================================================
Rajendra Mukhiya S/o Jaleshwar Mukhiya Resident of village- Rohiniya,
P.S.- Banjariya, Distt- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 30(a) and
41 of the Bihar Prohibition and Excise Act and Sections 274,
275 of BNS
3. The case of the prosecution is that from the bank of
the river, altogether 100 liters of illicit county made liquor was
recovered. The chowkidar has disclosed the name of this
petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. The witnesses
Patna High Court CR. MISC. No.21539 of 2026(2) dt.06-04-2026
2/2
of the seizure list are police personnel and police has not
followed Section 105 of BNSS while preparing seizure list.
Moreover, he is languishing in judicial custody since
21.12.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and submitted
that 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 released on bail in connection with
Banjariya P.S. Case No. 344 of 2024 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Excise
Court No. 1, Motihari, East Champaran.
(Ashok Kumar Pandey, J)
shubham/-
U T
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