Patna High Court
Rohit MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail must be granted as the petitioner was not found in possession of the seized items and procedural requirements under Section 103 were not satisfied.
Summary
Rohit Mukhiya was arrested in connection with a case alleging possession of 72 litres of liquor, a pistol and live cartridges recovered from his motorcycle. The prosecution charged him under Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, Sections 25(1‑b)a, 26 and 35 of the Arms Act, and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that the contraband was not found in his conscious possession, and that he was merely the vehicle owner with no knowledge of the goods. He also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita and his clean criminal record. Considering these facts, the court found insufficient grounds to deny bail and ordered his release on bail with a bond of Rs. 15,000 and two sureties. The decision underscores the principle that bail may be granted where the accused is not directly linked to the seized items and procedural safeguards have not been met.
Issues considered
- Whether bail should be granted to the petitioner given the alleged possession of liquor, arms and violation of prohibition laws
- Whether the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita affects the bail decision
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 3(5)
Subjects
- bail
- false implication
- possession
- arms
- liquor
- criminal procedure
- Section 103
- non‑culpable
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91672 of 2025
Arising Out of PS. Case No.-174 Year-2025 Thana- LAUKAHA District- Madhubani
======================================================
Rohit Mukhiya Son of Raj Kumar Mukhiya R/o - Dobiyahi, P.S - Laukahi,
District - Madhubani, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Laukaha
P.S. Case No. 174 of 2025 instituted for the offences punishable
under Sections 274, 275, 3(5) of the Bharatiya Nyaya Sanhita,
2023, Sections 25(1-b)a, 26, 35 of the Arms Act and Section
30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 72 litres
of liquor was recovered from motorcycle. It is further alleged
that one country-made pistol and two live cartridges have also
been recovered.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
Patna High Court CR. MISC. No.91672 of 2025(2) dt.19-01-2026
2/2
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that the name of the petitioner has transpired in this case merely
as being the owner of the vehicle in question and he had no
knowledge regarding the goods loaded in the vehicle. Petitioner
has got no concern with the alleged recovery. The petitioner is
in custody since 29.10.2025 and has no 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 as also 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 Laukaha P.S. Case
No. 174 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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