Patna High Court

Amirka Mukhiya @ Amerika MukhiyaversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court inclined to grant bail to the petitioner, subject to bond and conditions.

Summary

Amirka Mukhiya was arrested in connection with a case under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act after 50 litres of country‑made liquor were recovered near a river bank. The petitioner claimed innocence, arguing that no incriminating material was found in his possession and that the liquor was recovered from an open public place. He had been in custody since 1 December 2025 and possessed seven prior criminal antecedents, while the prosecution alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application, citing the seriousness of the offence and the petitioner’s record. The Court, after considering the circumstances, decided to grant bail subject to a bond of Rs 15,000 with two sureties and specific conditions regarding family surety, court appearances, and future conduct. The bail order was conditioned on the framing of charge if not already done.

Issues considered

Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act despite prior criminal antecedents and alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
Bharatiya Nagarik Suraksha Sanhita
criminal antecedents
Section 103
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2436 of 2026
                  Arising Out of PS. Case No.-120 Year-2025 Thana- CHIRAIYA District- East Champaran
                 ======================================================
                 Amirka Mukhiya @ Amerika Mukhiya Son of Bhaju Mukhiya @ Rambhaju
                 Mukhiya Resident of Village- Hashuaaha (Hasuawaha, Hasuaha), 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.Rajendra Prasad Nat, 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

                   Chiraiya P.S. Case No. 120 of 2025, instituted for the offences

                   punishable under Sections 30(a) and 41(1) of the Bihar

                   Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 50 liters

                   of country made liquor was recovered near the bank of the river.

                                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. Learned counsel

                   for the petitioner further submitted that the recovery has been
Patna High Court CR. MISC. No.2436 of 2026(2) dt.19-01-2026
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          made from open place, which is accessible to public at large .

          The petitioner is in custody since 01.12.2025 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 Chiraiya P.S. Case No. 120 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
           Patna High Court CR. MISC. No.2436 of 2026(2) dt.19-01-2026
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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

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