Patna High Court
Harendra MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail may be granted in the present case subject to the stipulated conditions.
Summary
Harendra Mukhiya was arrested on 31 January 2026 in connection with a case alleging that he stored and attempted to transport 120 litres of illicit liquor recovered from the bank of the Dudhaura River. The prosecution’s case relied on the testimony of an informant and the recovery of the liquor, but no liquor or any incriminating material was found in Mukhiya’s possession. Mukhiya’s counsel argued that the allegations were based solely on suspicion and that there was no concrete evidence linking him to the seized liquor. The State opposed bail, citing Mukhiya’s two prior criminal cases, though he was on bail in those matters. The court, considering the lack of material evidence against him and the circumstances of his custody, granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions regarding cooperation with the trial, non‑tampering with evidence or witnesses, and verification of his criminal antecedents.
Issues considered
- Whether bail should be granted to the accused in offences under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2018 when the prosecution’s case is based mainly on suspicion and no material was recovered from the accused’s possession.
Subjects
- bail
- illicit liquor
- prohibition law
- excise
- suspicion
- criminal antecedent
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22399 of 2026
Arising Out of PS. Case No.-370 Year-2025 Thana- LAKHAURA District- East Champaran
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Harendra Mukhiya S/o- Janak Mukhiya Resident of village- Pakariya Tola
Rampur P.S.- Darpa District- East Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh
For the Opposite Party/s : Ms.Indu Kumari Srivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
31.01.2026 in connection with Lakhaura P.S. Case No. 370 of
2025 for the offences punishable under Sections 30(a), 32, 41(1)
of Bihar Prohibition and Excise (Amendment) Act, 2018.
3. The prosecution case, in brief, is that on 31.12.2025
the Informant, namely, Kedar Yadav, P.S.I. Lakhaura P.S. gave
written information to S.H.O., Lakhaura P.S. alleging inter alia
that on the alleged date of occurrence i.e. on 31.12.2025 at
about 06:10 hours, the informant along with his associates
proceeded from police station for patrolling and during course
thereof the informant received information that Harendra
Mukhiya (petitioner) stored illicit liquor at the bank of
Patna High Court CR. MISC. No.22399 of 2026(2) dt.06-04-2026
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Dudhaura River at Jhitkahiya Sareh and was ready to transport
the same to some other place. It has further been alleged that the
informant gave information to Higher Officer and for
verification and taking necessary action, arrived at the place of
occurrence, where seeing the police team, a person managed to
run away from there, after taking the advantage of bush. It has
further been alleged that on search of bush total 120 liters
country made liquor was recovered. The spy disclosed the name
of the fleeing person as Harendra Mukhiya (Petitioner).
4. Learned counsel for the petitioner submits that it
appears from the FIR and seizure list that nothing has been
recovered from the conscious possession of the petitioner and
altogether 120 liters of country made liquor was recovered from
the bank of Dudhaura river at Jhitkahiya Sareh and petitioner
was not present at the place of occurrence and name of the
petitioner has transpired based on suspicion and except
suspicion, no cogent material has come during investigation to
suggest the involvement of the petitioner in the present
occurrence and nothing has been recovered from the possession
of the petitioner. It is next submitted that petitioner is in custody
since 31.01.2026.
5. The learned Additional Public Prosecutor for the
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State has vehemently opposed the prayer for bail of the
petitioner and submits that petitioner has antecedent of two
cases other than the present case but fairly submits that
petitioner is on bail in the pending matter.
6. Considering the aforesaid facts and circumstances ,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Excise Court No. 1, East Champaran, Motihari in
connection with Lakhaura P.S. Case No. 370 of 2025, subject to
the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be canceled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
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criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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