Ramesh Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26384 of 2026 Arising Out of PS. Case No.-611 Year-2026 Thana- Excise P.S. District- East Champaran ====================================================== Ramesh Mukhiya Son of Dharmdev Mukhiya @ Dharamdev Mukhiya Resident of Village - Sapha, P.S.- Sugauli, District - East Champaran, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jagjit Roushan, Advocate Mr. Prashant Raj, Advocate Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 13-05-2026 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Excise P.S. Case No. 611 of 2026 registered for the offences punishable under Section 30(a) of Bihar Prohibition & Excise Act, 2016.

3. As per the prosecution case, total 100 litres of illicit country made liquor was recovered from the motorcycle which the petitioner was driving.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It has further been submitted that the motorcycle does not belong to the petitioner and he has no concern with the said

Patna High Court CR. MISC. No.26384 of 2026(3) dt.13-05-2026 2/2 recovery. It has also been submitted that the procedure prescribed under Section 105 of the B.N.S.S. has not been followed. It has lastly been submitted that the petitioner has two criminal antecedents in which he is on bail and he is in custody since 26.02.2026.

5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.

6. Heard the parties and perused the record.

7. Considering the facts and circumstances of the case, let the petitioner above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari, in connection with Excise P.S. Case No. 611 of 2026, with condition:- (i) If the petitioner's involvement is found in similar nature of offence in the future, the prosecution will be at liberty to move for cancellation of his bail bonds.

8. The application stands allowed.

(Praveen Kumar, J) Jyoti/- U T