Patna High Court
Jitendra MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail should be granted to the petitioner subject to the conditions prescribed under Section 480(3) of the BNSS.
Summary
Jitendra Mukhiya was arrested in connection with a case alleging offences under Sections 274, 275, 317(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition & Excise Act after police recovered 139.5 litres of foreign liquor from two motorcycles. The petitioner claimed he had no involvement with the seized liquor or motorcycles and that he was arrested merely on suspicion, emphasizing his clean antecedent and the absence of incriminating material on his person. The State opposed bail, while the petitioner’s counsel sought release. The court, after considering the charge sheet, the nature of the recovery, the petitioner’s custody period, and his clean record, ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS. The bail order also required a close relative as a bailor and compliance with court dates, with cancellation provisions for non‑appearance.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged offences under the Bihar Narcotic Substances Act and the Bihar Prohibition & Excise Act.
- Whether the nature of the seizure and the charge sheet justify denial of bail.
- Whether the petitioner’s clean antecedent and lack of incriminating material on his person warrant grant of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 317(5), 480(3)
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- bail
- excise
- foreign liquor seizure
- clean antecedent
- Section 480(3)
- Bihar Narcotic Substances Act
- Bihar Prohibition & Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37824 of 2026
Arising Out of PS. Case No.-157 Year-2026 Thana- JAYNAGAR District- Madhubani
======================================================
Jitendra Mukhiya, S/o Bhola Mukhiya, Resident of village- Dodha, P.S-
Khajauli, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Subhash Kumar Jha, Advocate
For the Opposite Party/s : Mr.Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Jaynagar P.S. Case No. 157 of 2026 dated
06.04.2026, registered for the alleged offences under Sections
274, 275, 317(5) of BNS and Section 30(a) of the Bihar
Prohibition & Excise Act.
3. As per prosecution case, The petitioner and co-
accused, who have been riding two motorcycles, were signaled
to stop and the petitioner was apprehended trying to run away
while the co-accused fled away leaving behind his motorcycle.
On search of the motorcycles, recovery of 139.5 liters of
country made foreign liquor was made.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.37824 of 2026(2) dt.17-06-2026
2/3
petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from the
person/possession of the petitioner. The petitioner has no
concern with the seized liquor or motorcycles. The petitioner
has been arrested merely on suspicion. The petitioner is in
custody since 07.04.2026 and is having clean antecedent. The
charge sheet has been submitted.
5. Learned APP for the State opposes the submission
made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of recovery and further considering the submission of
charge sheet and period of custody of the petitioner along with
his clean antecedent, the petitioner above named is directed to
be released on bail on furnishing bail bonds of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge, Excise,
Madhubani/court concerned in connection with Jaynagar P.S.
Case No. 157 of 2026, subject to the conditions mentioned in
Section 480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
Patna High Court CR. MISC. No.37824 of 2026(2) dt.17-06-2026
3/3
(ii) The petitioner will remain present on each
and every date fixed by the court below.
(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail, the
bail bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.