Patna High Court
Nandkishor MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
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
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
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/-
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