Rajesh Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7163 of 2026 Arising Out of PS. Case No.-60 Year-2025 Thana- LARJHAGHAT District- Samastipur ====================================================== Rajesh Mukhiya S/o- Suresh Mukhiya Village- Belsandi Ward No-10 PSLarjhaghat Distt- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suneil Kumar Thakur, Advocate For the Opposite Party/s :

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in Larjhaghat P.S. case No. 60 of 2025 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution allegation, in short, is that 69 liters liquor was recovered from plastic box near the river.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent. No incriminating material has been recovered from the conscious possession of the petitioner. It is further submitted that the name of the petitioner has transpired on the basis of secret information

Patna High Court CR. MISC. No.7163 of 2026(2) dt.04-02-2026 2/2 as per F.I.R. The source and genuineness of the secret information has not been disclosed by the prosecution. The petitioner has got no knowledge and concern with the alleged recovery of liquor. Learned counsel, therefore, submits that prima facie, no case is made out against the petitioner. 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 petitioner.

6. Considering the aforesaid facts and circumstances, 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 the Court below/concerned Court in connection with Larjhaghat P.S. case No. 60 of 2025, subject to the conditions as laid down under Section 482 (2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Rudra Prakash Mishra, J) Pankaj/- U T