Patna High Court
Raj Kishor MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner.
Summary
The petitioner, Raj Kishor Mukhiya, was arrested in connection with a case alleging possession of 69 litres of country-made liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating no incriminating material was found in his possession and that the liquor was recovered from a public open area. He also highlighted the lack of any criminal antecedent and the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the Court, considering the facts, the duration of custody, and the absence of personal involvement, decided to grant bail. The petitioner was ordered to be released on furnishing a bail bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Bihar
- criminal procedure
- non‑violent offence
- Section 103
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7668 of 2026
Arising Out of PS. Case No.-60 Year-2025 Thana- LARJHAGHAT District- Samastipur
======================================================
Raj Kishor Mukhiya Son of Late Garib Mukhiya Resident Of Village- Ward
No.10 Balsandi P.s.- Larjhaghat District -Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rohit Kumar, Advocate
For the Opposite Party/s : Mr.Ramchandra Sahni, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Larjhaghat P.S. Case No. 60 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 69 liters
of country made liquor was recovered near pond.
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
for the petitioner further submitted that the recovery has been
Patna High Court CR. MISC. No.7668 of 2026(2) dt.10-02-2026
2/2
made near pond, which is an open place and is accessible to
public at large. The petitioner is in custody since 20.11.2025
and has got no criminal antecedent. 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 Larjhaghat P.S. Case
No. 60 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
Checking your session…