Patna High Court
Ajay MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was not granted to the petitioners.
Summary
The petitioners, Ajay Mukhiya and Krishna Kumar Singh, were arrested in connection with the seizure of 900 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. They applied for regular bail, claiming innocence and alleging false implication, while having been in custody since 11 May 2026. The State opposed bail, highlighting the large quantity of liquor, the fact that the accused were caught at the scene, and Ajay Mukhiya's three prior criminal convictions. After considering the seriousness of the offence, the evidence of seizure, and the antecedents, the Court declined to grant regular bail. The bail applications were dismissed, with the Court noting its observations are prima facie and not to prejudice the trial.
Issues considered
- Whether regular bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the large quantity of illicit liquor seized, apprehension at the scene, and prior criminal record.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition
- excise
- illicit liquor
- prior convictions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42357 of 2026
Arising Out of PS. Case No.-111 Year-2026 Thana- Excise Benipatti District- Madhubani
======================================================
Ajay Mukhiya son of Ramsufal Mukhiya R/o Village- Benta Parsa, Ward No
09, Police Station -Harlakhi, District -Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 43234 of 2026
Arising Out of PS. Case No.-111 Year-2026 Thana- Excise Benipatti District- Madhubani
======================================================
Krishna Kumar Singh @ Krishna Mahto son of Vindeshwar Singh R/o
Village- Phulhar, ward no 03, Police Station -Harlakhi, District -Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 42357 of 2026)
For the Petitioner/s : Mr. Md Soban Asghar
For the Opposite Party/s : Mr. Braj Kishore Pd.(App)
(In CRIMINAL MISCELLANEOUS No. 43234 of 2026)
For the Petitioner/s : Mr. Md Soban Asghar
For the Opposite Party/s : Mr. Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 13-07-2026 These cases arise out of the same P.S. Case i.e.,
Benipatti Excise P.S. Case No. 111 of 2026; therefore, they are
being heard together and disposed of by a common order.
2. Heard the learned counsel for the petitioners and
learned APP for the State.
3. The petitioners seek regular bail in connection with
Patna High Court CR. MISC. No.42357 of 2026(4) dt.13-07-2026
2/3
Benipatti Excise P.S. Case No. 111 of 2026 registered for the
offence under Section 30(a) of the Bihar Prohibition and Excise
Act.
4. As per the prosecution case, during the course of
search and seizure, 900 litres of illicit liquor were recovered
from the vehicle in question. The petitioners were allegedly
apprehended at the place of occurrence.
5. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. It is further submitted that they have not
committed any offence and are in custody since 11.05.2026.
6. Learned APP has opposed the prayer for bail. It is
submitted that one of the petitioners, namely Ajay Mukhiya, has
three criminal antecedents. It is further submitted that a huge
quantity of illicit liquor was recovered from the vehicle and
both the petitioners were apprehended from the spot itself.
7. Having considered the submissions advanced on
behalf of the parties, the materials available on record, the
nature and gravity of the allegations, the recovery of 900 litres
of illicit liquor and the fact that the petitioners were allegedly
apprehended from the place of occurrence, this Court is not
inclined to grant regular bail to the petitioners.
Patna High Court CR. MISC. No.42357 of 2026(4) dt.13-07-2026
3/3
8. Accordingly, these applications for regular bail
stand dismissed.
9. 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 applications. 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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