Patna High Court
Jaynath MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioners.
Summary
The petitioners, Jaynath Mukhiya and Sonu Das, laborers from Madhubani, were arrested on 20 February 2026 for allegedly carrying 351 litres of illicit liquor, leading to charges under Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition & Excise Act. They applied for regular bail, arguing they had no role in the crime and had been in custody for a short period. The State opposed the bail application. The Court, after considering the facts, the nature of the offence, and the period of custody, allowed the bail application. Each petitioner was ordered to furnish a bail bond of Rs. 10,000 with two sureties of the same amount, subject to the satisfaction of the trial court. The Court clarified that its observations were prima facie and not to influence the merits of the trial.
Issues considered
- Whether regular bail should be granted to the accused under Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition & Excise Act given the facts.
- Whether the period of custody and the alleged role of the petitioners justify the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 3(5)
Subjects
- regular bail
- illicit liquor
- Bharatiya Nyaya Sanhita
- Bihar Prohibition & Excise Act
- criminal procedure
- sections 274
- sections 275
- section 3(5)
- section 30(a)
- labourers
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22192 of 2026
Arising Out of PS. Case No.-64 Year-2026 Thana- HARLAKHI District- Madhubani
======================================================
1. Jaynath Mukhiya S/O Asharfi Mukhiya Resident of Village- Barhi Kowaha,
Ward No. 09, P.S. Harlakhi, District- Madhubani
2. Sonu Das S/O Mishri Lal Ds Resident of Village- Manoharpur, P.S.
Harlakhi, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha
For the Opposite Party/s : Mr. Nirmal Kumar Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-04-2026 Heard the learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek regular bail in connection with
Harlakhi P.S. Case No. 64 of 2026 registered for the offence
under Sections 274, 275 and 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and Section 30(a) of the Bihar Prohibition &
Excise Act.
3. There is recovery of 351 liters of illicit liquor. The
petitioners were caught carrying the illicit liquor on their backs.
4. Learned counsel for the petitioners submits that
the petitioners are labourers, and have no hand in the alleged
crime. They are in custody since 20.02.2026.
Patna High Court CR. MISC. No.22192 of 2026(2) dt.09-04-2026
2/2
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
and the period of custody, this application for regular bail is
allowed.
7. Let the petitioners, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Court below where the case is pending/successor
Court in connection with Harlakhi P.S. Case No. 64 of 2026.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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