Patna High Court
Arjun MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on a bond of Rs. 10,000 with conditions, owing to procedural non‑compliance in the seizure.
Summary
Arjun Mukhiya was arrested on 12 February 2026 in connection with a case under Section 30(a) of the Bihar Prohibition & Excise Act, 2026 for possession of 219 litres of Nepali liquor. The petitioner claimed innocence and argued that the seizure was effected by police personnel without complying with Sections 103 and 105 of the Bihar Narcotic and Substance Seizure (BNSS) Act, 2023. The State opposed bail, noting that the petitioner had three other pending cases, though he was already on bail in those matters. The Court, considering the alleged procedural lapses, granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be executed without delay for verification purposes.
Issues considered
- Whether bail should be granted to the petitioner despite the existence of other pending criminal cases.
- Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023 warrants bail.
- Whether the conditions imposed by the Court are sufficient to safeguard the trial process.
Subjects
- bail
- prohibition act
- excise
- procedural non‑compliance
- liquor seizure
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30481 of 2026
Arising Out of PS. Case No.-45 Year-2026 Thana- CHHAURADANO District- East
Champaran
======================================================
Arjun Mukhiya S/O Rajdeo Mukhiya R/O Vill.- Tinkoni,P. s - Darpa, District-
East Champaran,Motihari
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 05-05-2026 Heard Mr. Rajesh Kumar a, learned counsel for the
petitioner and Mr. Rana Randhir Singh, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
12.02.2026, in connection with Chhauradano P.S. Case No. 45
of 2026, F.I.R. dated 11.02.2026 registered for the offences
punishable under Sections 30(a) of the Bihar Prohibition &
Excise Act, 2026.
3. Recovery is of 219.00 litres of Nepali country
made liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that it appears from the F.I.R.
Patna High Court CR. MISC. No.30481 of 2026(2) dt.05-05-2026
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that although the recovery has been made from the possession of
the petitioner but the seizure list witnesses are police personnel
so there is non-compliance of Sections 103 and 105 of BNSS,
2023 and the petitioner is in custody since 12.02.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries three more
cases other than the present one but fairly submits on the basis
of paragraph-3 of the bail petition that the petitioner is on bail in
the pending matters.
6. Considering the facts and circumstances of the case
and the fact that there is non-compliance of Sections 103 and
105 of the BNSS, 2023, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise judge Court
No. 2, Civil Court, East Champaran at Motihari in connection
with Chhauradano P.S. Case No. 45 of 2026, subject to the
following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
Patna High Court CR. MISC. No.30481 of 2026(2) dt.05-05-2026
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on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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