Created by Fuzzy Cloud

Patna High Court

Ravindra MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.