Patna High Court
Ramekwal MukhiyaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner on the condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Ramekwal Mukhiya, was arrested in connection with a seizure of 250.2 litres of Nepali liquor alleged to have been carried on his head, and was charged under Sections 274, 275, 3(5) of the B.N.S., 2023 and Section 30(a) of the Bihar Prohibition & Excise Act. The petitioner contended that he had no possession of the liquor, that the police failed to comply with Section 105 of the B.N.S. while making the seizure, and that he had no prior criminal record, having been in judicial custody since 29‑03‑2026. The State opposed bail, arguing the seriousness of the offence. After hearing both sides, the Court noted the procedural irregularities and the petitioner's clean antecedents, and decided to grant bail. The bail was conditioned on a bond of Rs.10,000 with two sureties of the same amount, to be approved by the Exclusive Special Judge, Excise Court, Madhubani.
Issues considered
- Whether bail should be granted to the petitioner despite the alleged offences under the B.N.S. and the Bihar Prohibition & Excise Act.
- Whether the alleged non‑compliance with Section 105 of the B.N.S. during seizure renders the evidence inadmissible and justifies bail.
- Whether the petitioner poses a flight risk or a risk of tampering with evidence.
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
- B.N.S., 2023 — s. 105, 274, 275, 3(5)
Subjects
- bail
- liquor seizure
- excise law
- procedural lapse
- Section 105
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30812 of 2026
Arising Out of PS. Case No.-122 Year-2026 Thana- HARLAKHI District- Madhubani
======================================================
Ramekwal Mukhiya S/o Ramdev Mukhiya Resident of Village - Beta Parsa,
P.S. - Harlakhi, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha, Adv.
For the Opposite Party/s : Mr. Rajendra Singh Shastri, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Harlakhi P.S. Case No. 122 of 2026 registered for the
offence punishable under Sections 274, 275, 3(5) of the B.N.S.,
2023 and Section 30(a) of the Bihar Prohibition & Excise Act.
3. The case of the prosecution, in short, is that certain
persons were carrying sack on their head containing liquor. It is
alleged that other persons managed to flee away, whereas the
petitioner was apprehended and altogether 250.2 liters of Nepali
country made liquor was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.30812 of 2026(2) dt.07-05-2026
2/2
case. Nothing has been recovered from the possession of the
petitioner. The witnesses of the seizure list are police personnel
and the police has not complied with Section 105 of the BNSS
while making the seizure. Moreover, a statement has been made
in para 3 of the petition that petitioner has no criminal
antecedent and he is languishing in judicial custody since
29.03.2026.
5. The application for bail is opposed by learned APP
for the State.
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Exclusive Special Judge, Excise Court, Madhubani in
connection with Harlakhi P.S. Case No. 122 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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