Patna High Court
Arun MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
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
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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
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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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