Patna High Court
VIJAY MUKHIYAversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail must be granted as the petitioner has no incriminating material, no prior criminal record, and the mandatory compliance under Section 103 of the BNS was lacking.
Summary
Vijay Mukhiya was arrested in connection with a case involving the seizure of 162 litres of Nepali liquor from a motorcycle, alleged to violate Section 317(5) of the Bihar Nagarik Suraksha Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was merely a passer‑by, not the owner of the vehicle, and that no incriminating material was found in his possession; he also highlighted the lack of compliance with Section 103 of the BNS. The State opposed bail. Considering the petitioner’s clean record, the absence of direct evidence linking him to the contraband, and the procedural lapse, the Court decided to grant bail on the condition of a Rs.15,000 bond with two sureties. The order released the petitioner pending further trial.
Issues considered
- Whether bail should be granted to the accused under the circumstances of the case
- Whether the statutory requirement of Section 103 of the Bihar Nagarik Suraksha Sanhita has been complied with
- Whether the accused poses a flight risk or risk of tampering with evidence
Subjects
- bail
- Bihar Nagarik Suraksha Sanhita
- Bihar Prohibition and Excise Act
- Section 103
- criminal procedure
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2881 of 2026
Arising Out of PS. Case No.-441 Year-2025 Thana- SURSAND District- Sitamarhi
======================================================
VIJAY MUKHIYA S/O SHATRUDHAN MUKHIYA R/O VILL.- MALAHI,
WARD NO. 10, P.S.- SURSAND, DIST.- SITAMARHI
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pushpendra Kumar Singh, Advocate
For the Opposite Party/s : Mr.Harendra Prasad,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
Sursand P.S. Case No. 441 of 2025, instituted for the offences
punishable under Section 317(5) of the BNS and Section 30(a)
of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 162 liters of
Nepali liquor was recovered from motorcycle.
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. The petitioner is
not the owner of the vehicle rather he was passersby of the way
Patna High Court CR. MISC. No.2881 of 2026(2) dt.19-01-2026
2/2
and has become victim of circumstances. The petitioner is in
custody since 30.11.2025 and has got no criminal antecedent.
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 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 Sursand P.S. Case
No. 441 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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