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Patna High Court

Shivchandra Mukhiya @ Shiv Chandar MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-

U         T


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