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Patna High Court

Rajesh MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions, as the prosecution failed to establish a prima facie case and did not comply with statutory requirements.

Summary

The petitioner, Rajesh Mukhiya, sought anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 69 litres of liquor. The prosecution’s case relied on secret information and the recovery of liquor from a plastic box near a river, but no incriminating material was found in the petitioner’s possession and the source of the secret information was not disclosed. The petitioner argued that he had no criminal antecedent and that the prosecution had not complied with Section 103 of the B.N.S.S., 2023, rendering the case prima facie weak. The State opposed the bail. The Court, after considering the circumstances, granted anticipatory bail subject to a bond of Rs.15,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail can be granted in the absence of disclosed secret information and compliance with Section 103 of B.N.S.S., 2023.
  • Whether the prosecution has made out a prima facie case against the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • secret information
  • Section 103
  • Bharatiya Nagarik Suraksha Sanhita
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7163 of 2026
                   Arising Out of PS. Case No.-60 Year-2025 Thana- LARJHAGHAT District- Samastipur
                 ======================================================
                 Rajesh Mukhiya S/o- Suresh Mukhiya Village- Belsandi Ward No-10 PS-
                 Larjhaghat Distt- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Suneil Kumar Thakur, Advocate
                 For the Opposite Party/s :      Mr.Ram Sevak Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   04-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner is apprehending his arrest in

                   Larjhaghat P.S. case No. 60 of 2025 registered under Section

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

                               3. The prosecution allegation, in short, is that 69 liters

                   liquor was recovered from plastic box near the river.

                               4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. The petitioner has got no criminal antecedent. No

                   incriminating material has been recovered from the conscious

                   possession of the petitioner. It is further submitted that the name

                   of the petitioner has transpired on the basis of secret information
           Patna High Court CR. MISC. No.7163 of 2026(2) dt.04-02-2026
                                                        2/2




                     as per F.I.R. The source and genuineness of the secret

                     information has not been disclosed by the prosecution. The

                     petitioner has got no knowledge and concern with the alleged

                     recovery of liquor. Learned counsel, therefore, submits that

                     prima facie, no case is made out against the petitioner. There is

                     no compliance of Section 103 of B.N.S.S., 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,

                     let the petitioner, above named, in the event of arrest/surrender

                     before the learned court below within a period of six weeks

                     from today, be released on anticipatory bail on furnishing bail

                     bonds of Rs.15,000/- (fifteen thousand) with two sureties of the

                     like    amount       each     to    the    satisfaction   of   the   Court

                     below/concerned Court in connection with Larjhaghat P.S. case

                     No. 60 of 2025, subject to the conditions as laid down under

                     Section 482 (2) of Bharatiya Nagarik Suraksha Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T


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