Patna High Court
Niranjan MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioners.
Summary
The petitioners, three residents of Parigama village, applied for bail in a case (Choraut PS Case No. 147 of 2025) filed under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 247.375 litres of foreign and Nepali liquor from two motorcycles. The prosecution alleged that the liquor was seized, but the petitioners contended they had no ownership or possession of the motorcycles, no incriminating material was found on them, and they had no prior criminal record. They also pointed out that Section 103 of the Bihar Narcotic Substances (BNSS) Act, 2023 had not been complied with. The State opposed the bail application. Considering the lack of direct evidence, the petitioners' clean antecedents, and the period already spent in custody, the Court granted bail, directing each petitioner to furnish a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the absence of incriminating material and non‑ownership of the motorcycles justify bail.
- Whether non‑compliance of Section 103 of the BNSS Act, 2023 affects the bail decision.
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- liquor seizure
- criminal procedure
- BNSS Act 2023
- non‑ownership
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3428 of 2026
Arising Out of PS. Case No.-147 Year-2025 Thana- CHORAUT District- Sitamarhi
======================================================
1. Niranjan Mukhiya Son of Late Kishori Mukhiya R/o Village - Parigama, P.S.
- Choraut, Distt. - Sitamarhi.
2. Jeetu Sada Son of Umesh Sada R/o Village - Parigama, P.S. - Choraut, Distt.
- Sitamarhi.
3. Prabesh Mukhiya Son of Jahara Mukhiya R/o Village - Parigama, P.S. -
Choraut, Distt. - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ritesh Kumar Narain Singh, Advocate
For the Opposite Party/s : Mr. Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners seek bail in connection with
Choraut PS Case No. 147 of 2025 instituted for the offences
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 247.375 liters
foreign and nepali liquor was recovered from two motorcycles.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioners. The petitioners have
Patna High Court CR. MISC. No.3428 of 2026(2) dt.19-01-2026
2/2
got no concern with the alleged recovery of liquor. It is
submitted petitioners are not the owner of the motorcycles in
question and they have no concern with the same. The
petitioners are in custody since 11.12.2025 and have got no
criminal antecedent/s. There is no compliance of Section 103 of
the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Choraut PS Case
No. 147 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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