Amirka Mukhiya @ Amerika MukhiyaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2408 of 2026
                  Arising Out of PS. Case No.-1946 Year-2025 Thana- Excise P.S. District- East Champaran
                 ======================================================
                 Amirka Mukhiya @ Amerika Mukhiya Son of Bhaju Mukhiya @ Rambhaju
                 Mukhiya Resident of Village- Hashuaha (Hasuaaha), P.S.- Muffasil, District-
                 East Champaran
                                                                           ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr.Sanjay Kumar Pandey, 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 Excise

                   P.S. Case No. 1946 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 total 30 liters

                   of country made liquor was recovered from motorcycle.

                                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. The petitioner

                   has not been arrested on the spot. The other co-accused has
Patna High Court CR. MISC. No.2408 of 2026(2) dt.19-01-2026
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          disclosed the name of petitioner as seller of the liquor. The

          petitioner is in custody since 15.11.2025 and has got seven

          criminal antecedents. 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, after framing

          of charge, if not already framed, 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 Excise P.S. Case No. 1946 of 2025,

          subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two

          consecutive dates, the Trial Court will have liberty to cancel the

          bail bonds of the petitioner.

                       (III) If the petitioner is found involved in similar
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                     nature of offence in future, the Trial Court will have the liberty

                     to cancel the bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T