Patna High Court
Shivchandra Mukhiya @ Shiv Chandar MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court allowed the bail application, granting regular bail to the petitioners.
Summary
The petitioners, Shivchandra Mukhiya and Vikash Paswan, applied for regular bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 288 litres of illicit Nepali liquor recovered from a bamboo clamp near a school. They contended that they were falsely implicated, that the liquor was not in their conscious possession, and that the recovery site was a public area not belonging to them. They also argued that the procedural safeguards prescribed under Sections 103 and 105 of the B.N.S.S. were not observed, and highlighted their clean criminal record and the fact that they had been in custody since 21‑04‑2026. The State opposed the bail, but the Court, after considering the facts and the petitioners' arguments, ordered that bail be granted upon furnishing bail bonds of Rs. 10,000 each with two sureties of the same amount. The application was therefore allowed, and the petitioners were released on bail.
Issues considered
- Whether bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the accused claim lack of conscious possession and false implication.
- Whether non‑compliance with the procedural requirements of Sections 103 and 105 of the B.N.S.S. warrants bail.
- Whether the petitioners' clean antecedent and period of custody are sufficient grounds for granting bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 103, 105
Subjects
- bail
- prohibition and excise
- illicit liquor
- false implication
- procedural lapse
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39087 of 2026
Arising Out of PS. Case No.-143 Year-2026 Thana- MAJORGANJ District- Sitamarhi
======================================================
1. Shivchandra Mukhiya @ Shiv Chandar Mukhiya S/o Dukha Mukhiya R/o
Village - Mohini Mandal, Ward No.12, P.S.- Suppi, District - Sitamarhi
2. Vikash Paswan @ Vikash Kumar S/o Jogindar Paswan @ Yogendra Paswan
R/o Village - Mohini Mandal, Ward No.12, P.S.- Suppi, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioners and learned
A.P.P for the State.
2. The petitioners have preferred this application for
grant of regular bail in connection with Majorganj P.S. Case No.
143 of 2026 registered for the offences punishable under
Sections 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, altogether 288 litres of
illicit Nepali country-made liquor was recovered from a
Bamboo clamp near a school.
4. Learned counsel for the petitioners has submitted
that the petitioners are innocent and have been falsely
implicated in the present case. It has further been submitted that
Patna High Court CR. MISC. No.39087 of 2026(2) dt.17-06-2026
2/2
nothing has been recovered from the conscious possession of
the petitioners. It has also been submitted that the recovery has
been made from an open place which is accessible to all and the
said place does not belong to the petitioners. It has also been
submitted that the procedure prescribed under Sections 103/105
of the B.N.S.S. has not been followed. Lastly, it has been
submitted that the petitioners have got clean criminal antecedent
and they are in custody since 21.04.2026.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioners.
6. Heard the parties and perused the record.
7. Considering the above facts and circumstances of
the case, let the petitioners above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of learned Court concerned, Sitamarhi, in connection with
Majorganj P.S. Case No. 143 of 2026.
8. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
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