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Patna High Court

Harendra MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                 ======================================================
                 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
Patna High Court CR. MISC. No.22399 of 2026(2) dt.06-04-2026
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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
           Patna High Court CR. MISC. No.22399 of 2026(2) dt.06-04-2026
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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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