Patna High Court
Sundar Das Mukhiya @ Sundar MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that the petitioner is entitled to bail, subject to conditions, as the allegations do not warrant denial of liberty.
Summary
The petitioner, Sundar Das Mukhiya, sought bail after being implicated in a case involving the alleged possession of 351 litres of Nepali liquor, alleged offences under Sections 274, 275 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Section 30(a) of the Bihar Prohibition and Excise Act. He contended that his name was falsely implicated based on the confessional statements of co‑accused Jagarnath Mukhiya and Sonu Das, and that the seizure was conducted without compliance with mandatory search‑seizure provisions and lacked an independent witness. The State opposed bail, highlighting the petitioner’s prior similar criminal antecedent, though the petitioner claimed he was already on bail in the related case. The Court, considering the lack of direct possession, the reliance on co‑accused statements, and the petitioner’s willingness to cooperate, ordered bail subject to a bond of Rs.10,000 with two sureties and additional conditions under Section 482(2) BNSS. The bail order was conditioned on surrender within four weeks, cooperation with investigation, and that one bailor be a close relative.
Issues considered
- Whether the petitioner is entitled to bail despite a prior similar criminal antecedent.
- Whether the allegations based solely on co‑accused confessional statements and alleged procedural lapses in seizure justify denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 274, 275, 3(5), 482(2)
Subjects
- bail
- false implication
- search and seizure
- confessional statement
- criminal antecedent
- BNSS
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25892 of 2026
Arising Out of PS. Case No.-64 Year-2026 Thana- HARLAKHI District- Madhubani
======================================================
Sundar Das Mukhiya @ Sundar Mukhiya S/o- Padhu Mukhiya @ Upendra
Mukhiya Village- Barhi PS- Harlakhi District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gagandeo Yadav, Advocate
Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and learned A.P.P.
for the State.
2. The petitioner apprehends his arrest in a case registered
for the offences punishable under Section 274, 275 and 3(5) of
the B.N.S. and Section 30 (a) of the Bihar Prohibition and
Excise Act.
3. A bare perusal of the first information report and the
seizure list would go to show that 351 liters of Nepali liquor
has been recovered from a sack.
4. It is submitted by learned counsel for the petitioner that
the name of the petitioner has been falsely implicated in this
case on the basis of disclosure made by the apprehended co-
accused, Jagarnath Mukhiya and Sonu Das, rather the fact of
Patna High Court CR. MISC. No.25892 of 2026(2) dt.24-04-2026
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the matter is that nothing has been recovered from the
conscious physical possession of the petitioner. It is further
submitted that there is violation of mandatory provision in
search and seizure as also there is no independent witness to
the said seizure list. Petitioner has one criminal antecedent of
similar nature of the offence as stated in para-3 of this
application.
5. Learned APP for the State opposed the prayer for bail on
the ground that the petitioner has one criminal antecedent of
similar nature of the offence. In response, it is submitted on
behalf of the petitioner that the petitioner is on bail in the said
case.
6. Having regard to the facts and circumstances of the case
and also considering the fact that the petitioner has been made
accused on the confessional statement of the apprehended co-
accused, let the above named petitioner, be released on bail, in
the event of his arrest or surrender before the learned Court
below within a period of four weeks from today, on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) 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, subject to
Patna High Court CR. MISC. No.25892 of 2026(2) dt.24-04-2026
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the condition as laid down under Section 482 (2) Bharatiya
Nagarik Suraksha Sanhita (BNSS), 2023, subject to further
condition that:
(i) The petitioner shall cooperate in the
investigation/trial.
(ii) One of the bailors would be the family
member/close relative of the petitioner.
(Soni Shrivastava, J)
Trivedi/-
U T
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