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Patna High Court

Nandkishor MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to the conditions stipulated under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Nandkishor Mukhiya, feared arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 94.60 litres of foreign liquor near Pipa Bridge. He contended that no liquor was found in his possession or residence and that the accusation was based solely on the suspicion and a report by a local chowkidar. The petitioner also highlighted that he has two other criminal cases pending against him. The State opposed the grant of anticipatory bail. After considering the submissions, the Court ordered that the petitioner be released on anticipatory bail, provided he surrenders within six weeks, furnishes a bail bond of Rs.10,000 with two sureties, and complies with conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the allegation is based only on suspicion and a chowkidar's report.
  • Whether the conditions prescribed under Section 482(2) of the B.N.S.S. are satisfied for granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • foreign liquor
  • suspicion
  • Section 30(a)
  • Section 482(2)
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32583 of 2026
                  Arising Out of PS. Case No.-77 Year-2026 Thana- SRINAGAR District- West Champaran
                 ======================================================
                 Nandkishor Mukhiya, S/o Musafir Mukhiya, R/o Village- Mangalpur Siswa,
                 P.S.- Srinagar, District- West Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Niraj Kumar Sharma, Adv.
                 For the Opposite Party/s :      Mr. Rana Randhir Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   13-05-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection with

                   Srinagar P.S. Case No. 77 of 2026 dated 13.04.2026, registered

                   for the offence punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3. The allegation is of recovery of 94.60 litres foreign

                   liquor near Pipa Bridge on the way of Mangalpur Sishwa Diara.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in this

                   case. It is submitted that nothing has been recovered either from

                   the conscious possession of the petitioner or his house. The said

                   illicit liquor has been recovered near Pipa Bridge on the way of

                   Mangalpur Sishwa Diara. Only on the basis of suspicion and
            Patna High Court CR. MISC. No.32583 of 2026(2) dt.13-05-2026
                                                        2/2




                      disclosure made by the local Chowkidar, the petitioner has been

                      made accused in this case. Lastly, it has been submitted that the

                      petitioner has two criminal cases against him.

                                   5. Learned A.P.P. has opposed the prayer for bail of

                      the petitioner.

                                   6. Having considered the facts and circumstances of

                      the case and submissions of learned counsel for the parties, in

                      the event of arrest / surrender of the petitioner within a period of

                      six weeks from today, in connection with Srinagar P.S. Case No.

                      77 of 2026, he shall be released on anticipatory bail upon

                      furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of the learned

                      Exclusive Special Judge, Excise Court-II, Bettiah, West

                      Champaran, subject to condition as laid down under Section

                      482(2) of B.N.S.S..



                                                   (Khatim Reza, J)
prabhat/-

U       T


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