Patna High Court
Rajesh MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- B.N.S.S., 2023 — s. 103
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
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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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