Patna High Court
Ramesh MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court allowed the petitioner's application for regular bail.
Summary
The petitioner, Ramesh Mukhiya, was arrested in connection with an Excise case (No. 611 of 2026) for allegedly transporting 100 litres of illicit country-made liquor on a motorcycle he was driving. He contended that he was falsely implicated, that the motorcycle did not belong to him, and that the investigation failed to follow the procedure prescribed under Section 105 of the B.N.S.S. He also pointed out that he had two prior criminal antecedents for which he was already on bail and had been in custody since 26‑02‑2026. The State opposed the bail application, arguing the seriousness of the offence under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. After hearing both sides, the Court granted regular bail on a bond of Rs.10,000 with two sureties, subject to a condition that bail may be cancelled if the petitioner commits a similar offence in the future. The application for bail was therefore allowed.
Issues considered
- Whether regular bail can be granted in a case under Section 30(a) of the Bihar Prohibition & Excise Act, 2016 considering the alleged procedural lapse and the petitioner’s prior criminal antecedents.
Legislation cited
- Bihar Prohibition & Excise Act, 2016 — s. 30(a)
- B.N.S.S. — s. 105
Subjects
- bail
- excise
- illicit liquor
- Section 30(a)
- procedural lapse
- prior antecedents
- regular bail
- condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26384 of 2026
Arising Out of PS. Case No.-611 Year-2026 Thana- Excise P.S. District- East Champaran
======================================================
Ramesh Mukhiya Son of Dharmdev Mukhiya @ Dharamdev Mukhiya
Resident of Village - Sapha, P.S.- Sugauli, District - East Champaran, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jagjit Roushan, Advocate
Mr. Prashant Raj, Advocate
Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Ms. Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 13-05-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Excise P.S. Case No.
611 of 2026 registered for the offences punishable under Section
30(a) of Bihar Prohibition & Excise Act, 2016.
3. As per the prosecution case, total 100 litres of illicit
country made liquor was recovered from the motorcycle which
the petitioner was driving.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has further been submitted that the motorcycle does
not belong to the petitioner and he has no concern with the said
Patna High Court CR. MISC. No.26384 of 2026(3) dt.13-05-2026
2/2
recovery. It has also been submitted that the procedure
prescribed under Section 105 of the B.N.S.S. has not been
followed. It has lastly been submitted that the petitioner has two
criminal antecedents in which he is on bail and he is in custody
since 26.02.2026.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances of the
case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, East Champaran, Motihari, in
connection with Excise P.S. Case No. 611 of 2026, with
condition:-
(i) If the petitioner’s involvement is
found in similar nature of offence in
the future, the prosecution will be at
liberty to move for cancellation of his
bail bonds.
8. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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