Patna High Court

Om Prakash MukhiyaversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner, finding no prima facie case and imposing bond and surety conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Om Prakash Mukhiya, feared arrest in a case involving the seizure of 60 litres of liquor from a motorcycle, alleged under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 274, 275, 3(5) of the Bharatiya Nyaya Sanhita. He contended that he was falsely implicated, not the owner or rider, and that no prima facie case existed against him, also noting the absence of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail application. The Court examined the material and, finding insufficient basis to detain the petitioner, ordered anticipatory bail on the condition of a Rs.15,000 bond and two sureties, subject to Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. The order directs the petitioner to surrender within six weeks if arrested.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Whether a prima facie case exists against the petitioner under the Bihar Prohibition and Excise Act and the Bharatiya Nyaya Sanhita.
Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
Bharatiya Nyaya Sanhita — s. 274, 275, 3(5)

Subjects

anticipatory bail
false implication
liquor seizure
prohibition law
criminal procedure
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88493 of 2025
                    Arising Out of PS. Case No.-154 Year-2025 Thana- DARPA District- East Champaran
                 ======================================================
                 Om Prakash Mukhiya S/O Chandra Mukhiya Resident of village- Rohiniya,
                 P.S.- Banjaria, Dist.- East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Adv.
                                                  Mr. Hemant Ray, Adv.
                 For the Opposite Party/s :       Mr. Gulnar Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   15-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                            2.      The petitioner apprehends his arrest in connection

                   with Darpa PS Case No. 154 of 2025 instituted for the offences

                   under Section 30(a) of the Bihar Prohibition and Excise Act and

                   under Sections 274, 275, 3(5) of the Bharatiya Nyaya Sanhita.

                            3.      The prosecution case, in short, is that total 60 litres

                   of liquor was recovered from the motorcycle.

                            4.      Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.

                   The name of the petitioner transpired in this case on the basis of

                   the disclosure made by the apprehended persons. Learned

                   counsel further submitted that petitioner is neither the owner nor
           Patna High Court CR. MISC. No.88493 of 2025(2) dt.15-01-2026
                                                       2/2




                     the rider of the said motorcycle. The petitioner has got no

                     concern with the alleged recovery of liquor. Learned counsel for

                     the petitioner, therefore, contends that prima-facie no case is

                     made out against the petitioner. The petitioner has one criminal

                     antecedent. There is no compliance of Section 103 of the

                     Bharatiya Nagarika 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, 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 Court

                     below/concerned Court in connection with Darpa PS Case No.

                     154 of 2025, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T

Continue reading with your account

Checking your session…