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Patna High Court

Arun MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The application for anticipatory bail was allowed, subject to specified conditions.

Summary

The petitioner, Arun Mukhiya, was implicated in a case (G.O. Case No. 80 of 2020) for alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act after 16 litres of illicit liquor were recovered from his courtyard. He applied for anticipatory bail, claiming innocence and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail, but the court considered the facts, the petitioner's submission, and the provisions of Section 482(2) of the BNSS. The court allowed the anticipatory bail, directing the petitioner to furnish bail bonds of Rs. 10,000 with two sureties and to deposit the Rs. 25,000 donation, producing a receipt. Additional conditions included the petitioner’s monthly attendance at the Rajnagar Police Station. The court clarified that its observations were prima facie and not a determination on the merits of the underlying criminal case.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether imposing a monetary donation as a condition of anticipatory bail is permissible.
  • Whether the conditions imposed, including police attendance, are within the scope of Section 482(2) of the BNSS.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • Section 30(a)
  • Section 482(2)
  • bail conditions
  • charitable donation
  • police attendance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37215 of 2026
                   Arising Out of PS. Case No.-80 Year-2020 Thana- GOVERNMENT OFFICIAL COMP.
                                                   District- Madhubani
                 ======================================================
                 Arun Mukhiya Son of Upendra Mukhiya Resident of village - Mangrauni,
                 P.S.- Rajnagar, District - Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Jitendra Kumar Bharti
                 For the Opposite Party/s :    Mr. Madan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   15-06-2026                  Heard the learned counsel for the petitioner and

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   G.O. Case No. 80 of 2020 registered for offences under Sections

                   30(a) of the Bihar Prohibition and Excise Act.

                                3. There is recovery of 16 liters of illicit liquor from

                   the courtyard of the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is quite innocent and has falsely been implicated in

                   this case. He further submits that the petitioner is ready to

                   donate Rs. 25,000/- (Rupees Twenty Five Thousand Only) in

                   some charitable organization without accepting his guilt.

                                5. Learned APP for the State has vehemently opposed
Patna High Court CR. MISC. No.37215 of 2026(2) dt.15-06-2026
                                            2/3




          the prayer of the petitioner.

                       6. Considering the facts and circumstances of the case

          and the submission of learned counsel for the petitioner, this

          application for anticipatory bail stands allowed.

                       7. Accordingly, let the petitioner, above-named, in the

          event of arrest or surrender within four weeks from today in the

          Court below, be released on anticipatory bail on furnishing bail

          bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of

          the like amount each to the satisfaction of learned concerned

          Court below in connection with G.O. Case No. 80 of 2020

          subject to the conditions as laid down under Section 482(2) of

          the BNSS and with further condition(s) that:-

                                               (I). The petitioner shall deposit an
                                  amount of Rs. 25,000/- (Rupees Twenty Five
                                  Thousand Only) in Ramakrishna Mission
                                  Sevashrama, Swami Vivekananda Path, Bela,
                                  Muzaffarpur, Bihar and produce the receipt
                                  of the same before the Court below. The bail
                                  bonds of the petitioner shall be accepted
                                  after verifying the genuineness of the receipt
                                  produced by the petitioner.
                                               (ii). The petitioner is directed to
                                  mark his attendance at Rajnagar Police
                                  Station on every Sunday of each month.
                                  Failure to do so, will result in cancellation
                                  of bail bond of the petitioner.
            Patna High Court CR. MISC. No.37215 of 2026(2) dt.15-06-2026
                                                        3/3




                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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