Patna High Court
Rambaran MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Given the petitioners' clean antecedent, lack of incriminating material, and non‑compliance of Section 103 of the B.N.S.S., 2023, the Court held that bail should be granted.
Summary
The petitioners, three members of the Mukhiya family, were arrested in Banjariya police station in connection with case No.506 of 2025 for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act after 350 litres of liquor were recovered near a river. They contended that they had no possession of the liquor, that the seizure was from an open public place, and that no incriminating material linked them to the offence; they also highlighted their clean criminal record and that they had been in custody since 26 September 2025. The State opposed bail, but the Court noted the absence of material evidence, the public nature of the recovery, the petitioners’ clean antecedent, and the non‑compliance of Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023. Considering these factors, the Court was inclined to grant bail. Accordingly, the petitioners were ordered to be released on bail upon furnishing a bond of Rs 15,000 each 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 in the absence of incriminating material.
- Whether non‑compliance of Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023, affects the grant of bail.
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 103
- clean antecedent
- public place
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.97 of 2026
Arising Out of PS. Case No.-506 Year-2025 Thana- BANJARIA District- East Champaran
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1. Rambaran Mukhiya Mohan Mukhiya R/O Village- Rohiniya ,P.S-
Banjariya ,District-East Champaran
2. Manoj Mukhiya Son of Mohan Mukhiya R/O Village- Rohiniya ,P.S-
Banjariya ,District-East Champaran
3. Sukai Mukhiya Son of Ramayan Mukhiya R/O Village- Rohiniya ,P.S-
Banjariya ,District-East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Shankar Shrivastava, Advocate
For the Opposite Party/s : Mr.Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in Banjariya P.S. case No.
506 of 2025 instituted for the offences under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 350 liters
liquor was recovered near a river and the petitioners were
arrested on spot.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered
Patna High Court CR. MISC. No.97 of 2026(2) dt.19-01-2026
2/2
from the conscious possession of the petitioners. The petitioners
have got no concern with the alleged recovery of liquor. It is
further submitted that recovery has been made from an open
place accessible to public at large. The petitioners are in
custody since 26.09.2025 and have got no criminal antecedent.
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 petitioners.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent and the period of custody
undergone by the petitioners, this Court is inclined to grant bail
to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Banjariya P.S. case
No. 506 of 2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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