Patna High Court

Santosh MukhiyaversusThe State of Bihar

Decided: 31 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court inclined to grant bail to the petitioner, subject to bond and conditions.

Summary

Santosh Mukhiya applied for bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 180 litres of Nepali liquor was recovered from his bathroom. The petitioner claimed innocence, stating that the liquor was found in an open bathroom accessible to the public and that no incriminating material was found in his possession. He had been in custody since 7 December 2025 and possessed three prior criminal antecedents, with the prosecution alleging a violation of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the court, considering the circumstances and the period of custody, granted 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 in a case under Section 30(a) of the Bihar Prohibition and Excise Act despite the petitioner’s prior criminal antecedents.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
Whether the recovery of liquor from an open bathroom establishes sufficient grounds to deny bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
prohibition act
Section 30(a)
non‑bailable offence
criminal antecedents
Section 103
Bharatiya Nagarik Suraksha Sanhita
Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5333 of 2026
                     Arising Out of PS. Case No.-461 Year-2025 Thana- Excise P.S. District- Madhubani
                 ======================================================
                 Santosh Mukhiya Son of Late Bramhadev Mukhiya Resident of Village-
                 Mangauni, Uttarwari Tol, Ward No. 6, P.S.- Rajnagar, District- Madhubani

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Jitendra Kumar Bharti, Advocate
                 For the Opposite Party/s :        Mr.Ramesh Chandra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   31-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Madhubani Sadar Excise P.S. Case No. 461 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 180

                   liters of Nepali liquor was recovered from house (Bathroom) of

                   the petitioner.

                                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

                   no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.5333 of 2026(2) dt.31-01-2026
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          for the petitioner further submitted that the recovery has been

          made from newly constructed bathroom, which is an open place

          and accessible to public at large. Local people disclosed the

          name of petitioner.             The petitioner is in custody since

          07.12.2025 and has got three criminal antecedents. There is no

          compliance of Section 103 of the Bharatiya Nagarik 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 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 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 Madhubani Sadar

          Excise P.S. Case No. 461 of 2025, 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.5333 of 2026(2) dt.31-01-2026
                                                       3/3




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

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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