Bimlesh Mukhiya @ Vimlesh Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10724 of 2026 Arising Out of PS. Case No.-147 Year-2025 Thana- CHORAUT District- Sitamarhi ====================================================== Bimlesh Mukhiya @ Vimlesh Mukhiya S/o Ramdayal Mukhiya Resident of Village- Basotara @ Bhanta Bari, P.S.- Choraut, Dist.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Choraut PS Case No. 147 of 2025 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 247.375 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 no concern with the alleged recovery of liquor. It is submitted that petitioner is registered owner of one of the seized

Patna High Court CR. MISC. No.10724 of 2026(2) dt.13-02-2026 2/2 motorcycles and his name has surfaced in this case on the disclosure made by apprehended co-accused person. The petitioner is in custody since 20.12.2025 and has got no criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023. Other co-accused has been granted bail by this Court vide order dated 19.01.2026, passed in Cr. Misc. No. 3428 of 2026.

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, clean antecedent of the petitioner 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 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 Choraut PS Case No. 147 of 2025.

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