Amirka Mukhiya @ Amerika Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4985 of 2026 Arising Out of PS. Case No.-498 Year-2024 Thana- CHIRAIYA District- East Champaran ====================================================== Amirka Mukhiya @ Amerika Mukhiya Son of Bhaju Mukhiya @ Rambhaju Mukhiya Resident of village- Hashuaaha (Hasuawaha), P.S- Muffasil, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Chiraiya PS Case No. 498 of 2024 instituted for the offences under Section/s 30(a), 45 & 41(1) of the Bihar Prohibition and Excise Act and Section 317(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution case, in short, is that 200 liters liquor was recovered from two motorcycles.

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

Patna High Court CR. MISC. No.4985 of 2026(2) dt.29-01-2026 2/3 no concern with the alleged recovery of liquor. It is submitted that petitioner is not the owner of the motorcycle and he has no concern with the same. The petitioner is in custody since 01.12.2025 and has got seven criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023. Other coaccused has been granted bail by this Court vide order dated 25.04.2025, passed in Cr. Misc. No. 25808 of 2025. 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 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, after framing of charge, if not already framed, 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 Chiraiya PS Case No. 498 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.4985 of 2026(2) dt.29-01-2026 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T