Patna High Court

Amirka Mukhiya @ Amerika MukhiyaversusThe State of Bihar

Decided: 29 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court grants bail to the petitioner subject to specified conditions.

Summary

Amirka Mukhiya was arrested in connection with a case alleging possession of 200 litres of liquor recovered from two motorcycles, charged under Sections 30(a), 45 and 41(1) of the Bihar Prohibition and Excise Act and Section 317(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that he was not the owner of the motorcycles, had no direct possession of the liquor, and was falsely implicated, noting the absence of incriminating material and lack of compliance with Section 103 of the BNSS. The State opposed bail, while the petitioner highlighted his seven prior criminal antecedents and the fact that a co‑accused had already been granted bail. The Court, after considering the custody period and circumstances, decided to grant bail subject to a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and strict attendance requirements. The bail may be cancelled if the petitioner defaults on two consecutive court dates.

Issues considered

Whether bail should be granted to the petitioner despite the nature of the offences under the Bihar Prohibition and Excise Act and the Bharatiya Nyaya Sanhita.
Whether the lack of compliance with Section 103 of the BNSS, the petitioner’s criminal antecedents, and the period of custody justify denial of bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 103, 317(5)

Subjects

bail
prohibition law
excise
criminal procedure
section 103
surety
court conditions
criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.4985 of 2026
                  Arising Out of PS. Case No.-498 Year-2024 Thana- CHIRAIYA District- East Champaran
                 ======================================================
                 Amirka Mukhiya @ Amerika Mukhiya Son of Bhaju Mukhiya @ Rambhaju
                 Mukhiya Resident of village- Hashuaaha (Hasuawaha), P.S- Muffasil,
                 District- East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Rajendra Prasad Nat, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   29-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Chiraiya PS Case No. 498 of 2024 instituted for the offences

                   under Section/s 30(a), 45 & 41(1) of the Bihar Prohibition and

                   Excise Act and Section 317(5) of the Bharatiya Nyaya Sanhita,

                   2023.

                           3.       The prosecution case, in short, is that 200 liters

                   liquor was recovered from two motorcycles.

                           4.       Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.4985 of 2026(2) dt.29-01-2026
                                            2/3




          no concern with the alleged recovery of liquor. It is submitted

          that petitioner is not the owner of the motorcycle and he has no

          concern with the same. The petitioner is in custody since

          01.12.2025 and has got seven criminal antecedent/s. There is no

          compliance of Section 103 of the BNSS, 2023. Other co-

          accused has been granted bail by this Court vide order dated

          25.04.2025, passed in Cr. Misc. No. 25808 of 2025.

                  5.      Learned A.P.P. 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 and 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, after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs.15,000/- (Fifteen thousand) with two sureties of the like

          amount each to the satisfaction of Court below/concerned Court

          in connection with Chiraiya PS Case No. 498 of 2024, subject to

          the following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioner.

                  (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
           Patna High Court CR. MISC. No.4985 of 2026(2) dt.29-01-2026
                                                       3/3




                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

Continue reading with your account

Checking your session…