Patna High Court
Ravindra MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail must be granted as there was no incriminating material in the petitioner's possession, no prior record, and statutory safeguards were not complied with.
Summary
The petitioner, Ravindra Mukhiya, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 129.6 litres of liquor recovered from an open public place. He contended that he was falsely implicated, that no liquor was found in his conscious possession, and that he had no prior criminal record. The State opposed bail, but the court noted the absence of incriminating material against him, the fact that the recovery was from a public area, and the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Considering these factors and the period of custody already endured, the court decided to grant bail. The petitioner was ordered to be released on furnishing a bail bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
- Whether the alleged non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Section 103
- criminal procedure
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4315 of 2026
Arising Out of PS. Case No.-204 Year-2025 Thana- Nawalpur District- West Champaran
======================================================
Ravindra Mukhiya Son of Saral Mukhiya Resident of village - Bairiya Tand,
P.S.- Bairiya, District - West Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Niraj Kumar Sharma, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Nawalpur P.S. Case No. 204 of 2025 instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 129.6
litres of liquor has been recovered from 5 sacks.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner rather the recovery has been made
from an open place which is accessible to public at large. The
Patna High Court CR. MISC. No.4315 of 2026(2) dt.27-01-2026
2/2
petitioner has got no concern with the alleged recovery of
liquor. The petitioner is in custody since 25.11.2025 and has no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Nawalpur P.S. Case
No. 204 of 2025.
(Rudra Prakash Mishra, J)
atul/-
U T
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