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Patna High Court

Raghubir MukhiaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that bail should be granted to the petitioner, subject to a bond and conditions, as the prosecution failed to establish material linking him to the seized liquor and the statutory rigors were not attracted.

Summary

The petitioner, Raghubir Mukhia, was identified as one of two persons who fled a police raid on an open area (Gandak Diyara) where 1000 litres of raw wine and 40 litres of country-made liquor were seized under the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner argued that the seizure occurred in a public place, no material was found in his possession, and the investigation did not produce any evidence linking him to the offence, nor were the procedural requirements of Sections 103 and 105 of the BNSS complied with. The State opposed bail, contending the seriousness of the alleged offences. The Court examined the lack of incriminating material, the absence of the rigors of Section 76(2) of the Prohibition Act, and the deficiency in the search and seizure process, and consequently ordered bail subject to a bond of Rs.10,000 with two sureties and additional conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. The order directs the petitioner to surrender within four weeks if arrested.

Issues considered

  • Whether the petitioner is liable to be detained pending trial for offences under Sections 30(a), 32 and 41(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the procedural safeguards under Sections 103 and 105 of the BNSS were complied with in the seizure.
  • Whether the rigors of Section 76 of the Bihar Prohibition and Excise (Amendment) Act are attracted in the present facts.
  • Whether bail should be granted to the petitioner under the applicable law.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • prohibition act
  • search and seizure
  • open place
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35367 of 2026
                      Arising Out of PS. Case No.-12 Year-2025 Thana- SANGRAMPUR District- East
                                                       Champaran
                 ======================================================
                 Raghubir Mukhia Son of Sheonath Mukhia @ Shiv Nath Mukhiya Resident
                 of Village- Sangrampur Bin Toli, P.S.- Sangrampur, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sagar Kumar, Adv.
                                                 Mr.Abhishek Kumar, Adv.
                 For the Opposite Party/s :      Ms.Sharda Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   01-06-2026                   Heard Mr. Sagar Kumar, learned Advocate for the

                   petitioner and learned Additional Public Prosecutor for the State

                   through virtual mode.

                                 2. The petitioner apprehends his arrest in connection

                   with Sangrampur P.S. Case No. 12 of 2025, registered for the

                   offences punishable under Sections 30(a), 32, 41(a) of the Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                 3. Acting on a tip off regarding the manufacture and

                   trafficking of illicit liquor, the police conducted a raid at

                   Sangrampur Gandak Diyara. However, noticing the police party,

                   two persons succeeded in fleeing away and the petitioner has

                   been identified as one of them. On search, total 1000 litres of

                   raw wine and 40 litres of country made liquor was recovered.
Patna High Court CR. MISC. No.35367 of 2026(2) dt.01-06-2026
                                            2/3




          Raw materials are said to have been destroyed by the police at

          the place of occurrence itself.

                       4. Learned Advocate for the petitioner taking this

          Court through the FIR and the search memo submitted that

          admittedly the alleged recovery has been made from Gandak

          Diyara, which is an open place easily accessible to all and, as

          such, the petitioner cannot be held responsible for the same.

          Moreover, during the course of investigation, no further material

          has been collected which suggests the complicity of the

          petitioner in the crime. It is lastly contended that there is no

          compliance of Sections 103 and 105 of the BNSS and since

          nothing incriminating has been recovered from the conscious or

          constructive possession of the petitioner, the rigors provided

          under Section 76 of the Bihar Prohibition and Excise

          (Amendment) Act is also not attracted.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application.

                       6. Having considered the submissions advanced on

          behalf of the respective parties and considering the fact that the

          alleged recovery has been made from an open place and there is

          no material attracting the rigors provided under Section 76(2) of

          the Bihar Prohibition and Excise (Amendment) Act as also the
           Patna High Court CR. MISC. No.35367 of 2026(2) dt.01-06-2026
                                                       3/3




                     fair antecedent of the petitioner, besides the deficiency brought

                     to the knowledge of this Court in search and seizure, let the

                     petitioner abovenamed be released on bail, in the event of his

                     arrest or surrender before the court below within a period of four

                     weeks from the date of receipt/production of a copy of this

                     order, upon furnishing bail bonds of Rs.10,000/- (ten thousand)

                     with two sureties of the like amount each to the satisfaction of

                     the learned Special Judge, Excise Court No. 1, East Champaran,

                     Motihari in connection with Sangrampur P.S. Case No. 12 of

                     2025, subject to the conditions laid down in Section 482(2) of

                     the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further

                     condition that one of the bailors shall be the own/close family

                     members of the petitioner.



                                                 (Harish Kumar, J)
Anjani/-

U      T


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