Patna High Court
Pradeep MukhiyaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Petitioner Pradeep Mukhiya was arrested in connection with the seizure of 16 litres of illicit liquor from a bike, alleged to be an offence under section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was merely standing near the seizure site, had no ownership of the bike or the liquor, and that no independent witness could link him to the contraband. The State opposed bail, citing two prior similar offences against the petitioner. After hearing both sides, the court considered the lack of direct evidence and the petitioner’s custody since 18‑03‑2026, and decided to grant regular bail. He was released on a bail bond of Rs.10,000 with two sureties, subject to a condition that he not commit similar offences in the future.
Issues considered
- Whether the petitioner is entitled to regular bail under section 30(a) of the Bihar Prohibition and Excise Act despite alleged involvement and prior similar convictions.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- illicit liquor
- excise law
- criminal procedure
- prior convictions
- Bihar Prohibition and Excise Act
- section 30(a)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28315 of 2026
Arising Out of PS. Case No.-119 Year-2026 Thana- Excise P.S. District- Madhubani
======================================================
Pradeep Mukhiya son of Saryug Mukhiya R/vill- Mangotoli Belahi, P.S.-
Kaluahi, Distt-Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Kumar, Advocate
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from a bike,
altogether 16 liters of illicit liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. He has been
falsely implicated in this case as he was standing near the place
of recovery. The said bike does not belong to the petitioner. He
has no concern either with the alleged liquor or with the alleged
Patna High Court CR. MISC. No.28315 of 2026(2) dt.05-05-2026
2/2
bike. There is no independent witness of the seizure list rather
they are police personnel. Moreover, he is languishing in
judicial custody since 18.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and submitted
that petitioner is having criminal antecedent of two cases of
similar nature.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Madhubani Excise P.S. Case No. 119 of 2026 on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Special Excise Judge,
Madhubani with a condition that the petitioner will not
indulge himself in similar nature of offences in future.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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