Niranjan Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3428 of 2026 Arising Out of PS. Case No.-147 Year-2025 Thana- CHORAUT District- Sitamarhi ====================================================== 1.

Niranjan Mukhiya Son of Late Kishori Mukhiya R/o Village - Parigama, P.S. - Choraut, Distt. - Sitamarhi.

2.

Jeetu Sada Son of Umesh Sada R/o Village - Parigama, P.S. - Choraut, Distt. - Sitamarhi.

3.

Prabesh Mukhiya Son of Jahara Mukhiya R/o Village - Parigama, P.S. - Choraut, Distt. - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2026 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Choraut PS Case No. 147 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 247.375 liters foreign and nepali liquor was recovered from two motorcycles. 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 from the conscious possession of the petitioners. The petitioners have

Patna High Court CR. MISC. No.3428 of 2026(2) dt.19-01-2026 2/2 got no concern with the alleged recovery of liquor. It is submitted petitioners are not the owner of the motorcycles in question and they have no concern with the same. The petitioners are in custody since 11.12.2025 and have got no criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 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 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 Choraut PS Case No. 147 of 2025.

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