Patna High Court
Raj Kishor MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner subject to specified monetary, attendance, and verification conditions.
Summary
The petitioner, Raj Kishor Mukhiya, was arrested in connection with the seizure of 360 litres of illicit liquor and charged under Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. He has been in custody since 14 March 2026 and has one prior criminal case (Khirhar P.S. Case No. 93 of 2025). The petitioner offered to donate Rs. 25,000 to a charitable organization as part of his bail application. The State opposed the bail, but the court considered the nature of the offences, the period of custody, and the petitioner’s antecedents. The court allowed the bail, directing the petitioner to furnish bail bonds of Rs. 10,000 each with two sureties, deposit Rs. 25,000 with the Ramakrishna Mission, attend the police station on specified Sundays, and undergo verification of his criminal record. The order is limited to the bail application and does not prejudice the trial.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bharatiya Nyaya Sanhita and the Bihar Prohibition and Excise Act.
- Whether the petitioner’s prior criminal antecedent justifies denial of bail.
- Whether the conditions imposed by the court are appropriate and sufficient to ensure the petitioner’s compliance.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 3(5)
Subjects
- bail
- illicit liquor
- prohibition
- criminal antecedent
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26917 of 2026
Arising Out of PS. Case No.-39 Year-2026 Thana- SAHARGHAT District- Madhubani
======================================================
Raj Kishor Mukhiya S/o Ramprit Mukhiya Resident of Village - Beta Parsa,
P.S. Harlakhi, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha
For the Opposite Party/s : Mr. Awadhesh Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Saharghat P.S. Case No. 39 of
2026, registered for offences punishable under Sections 274,
275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section
30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 360 liters of illicit
liquor have been recovered. The petitioner is in custody since
14.03.2026 and has one criminal antecedent namely Khirhar P.S.
Case No. 93 of 2025.
4. Learned counsel for the petitioner submits that the
petitioner undertakes to donate a sum of Rs. 25,000/- (Rupees
Twenty-Five Thousand only) to a charitable organization,
Patna High Court CR. MISC. No.26917 of 2026(2) dt.22-04-2026
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without prejudice to his defence and without admitting guilt.
5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case, the period of custody, and the submissions advanced
on behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Saharghat P.S. Case
No. 39 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand only)
with Ramakrishna Mission Sevashrama, Swami
Vivekananda Path, Bela, Muzaffarpur, Bihar , and
shall produce a valid receipt thereof before the
court below. The bail bonds shall be accepted only
after verification of the genuineness of the said
receipt.
(ii). The petitioner shall mark his
attendance at Harlakhi Police Station on every 1st
and 3rd Sunday of each month. In the event of
default, the bail bonds shall be liable to be
cancelled.
Patna High Court CR. MISC. No.26917 of 2026(2) dt.22-04-2026
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(iii). Before accepting the bail bonds of
the petitioner, the court below shall verify the
petitioner’s criminal antecedents. If it is found that
the petitioner has any criminal antecedents other
than Khirhar P.S. Case No. 93 of 2025, the bail
bonds shall not be accepted. However, if the
petitioner is found to have only one criminal
antecedent, namely Khirhar P.S. Case No. 93 of
2025 , the bail bonds shall be accepted by the court
below.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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