Patna High Court

Ramrup MukhiyaversusThe State of Bihar

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

Holding

The Court granted bail to the petitioner subject to cash bond, sureties and conditions of appearance.

Summary

The petitioner, Ramrup Mukhiya, was arrested in connection with an excise case (PS No.527 of 2020) alleging that 12 litres of liquor were recovered from his motorcycle, violating Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, had no possession of the liquor, and that the police had acted on extraneous considerations, while noting his two prior criminal antecedents and the lack of compliance with Section 103 of the BNSS, 2023. The State opposed the bail application, arguing the seriousness of the offence and the petitioner’s antecedents. The Court examined the length of custody since 10‑12‑2025, the absence of incriminating material in the petitioner’s conscious possession, and the procedural lapse under Section 103 of the BNSS. Considering these factors, the Court was inclined to grant bail, imposing a cash bond of Rs.15,000 with two sureties and conditions regarding family surety and regular appearance. Consequently, the petitioner was released on bail subject to the stipulated conditions.

Issues considered

Whether the petitioner is entitled to bail in an offence under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance of Section 103 of the BNSS, 2023, precludes the grant of bail.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
excise
liquor seizure
Section 30(a) Bihar Prohibition and Excise Act
Section 103 BNSS 2023
custody
surety
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.5843 of 2026
                   Arising Out of PS. Case No.-527 Year-2020 Thana- GOVERNMENT OFFICIAL COMP.
                                                    District- Madhepura
                 ======================================================
                 Ramrup Mukhiya son of Satrudhan Mukhiya Resident Of Village- Parwa, Ps-
                 Murliganj, Dist- Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Ranjay Kumar Singh, Advocate
                 For the Opposite Party/s :    Mr. Md. Iftekhar Mahmood, APP
                 ======================================================
                 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 Excise

                   PS Case No. 527 of 2020 instituted for the offences under

                   Section/s 30(a) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 12 liters

                   liquor was recovered from motorcycle.

                           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. It is submitted

                   that petitioner is the owner of the motorcycle and he has been
           Patna High Court CR. MISC. No.5843 of 2026(2) dt.31-01-2026
                                                       2/2




                     implicated by the police party on extraneous consideration. The

                     petitioner is in custody since 10.12.2025 and has got two

                     criminal antecedent/s. There is no compliance of Section 103 of

                     the BNSS, 2023.

                             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 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 Excise PS Case No.

                     527 of 2020, 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

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

                     bail bonds of the petitioner.


                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-
U      T

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