Patna High CourtCR. MISC./30481/2026bail granted

Arjun Mukhiya v. The State Of Bihar

2026-05-05Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30481 of 2026 Arising Out of PS. Case No.-45 Year-2026 Thana- CHHAURADANO District- East Champaran ====================================================== Arjun Mukhiya S/O Rajdeo Mukhiya R/O Vill.- Tinkoni,P. s - Darpa, DistrictEast Champaran,Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-05-2026 Heard Mr. Rajesh Kumar a, learned counsel for the petitioner and Mr. Rana Randhir Singh, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 12.02.2026, in connection with Chhauradano P.S. Case No. 45 of 2026, F.I.R. dated 11.02.2026 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act, 2026.

3. Recovery is of 219.00 litres of Nepali country made liquor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R.

Patna High Court CR. MISC. No.30481 of 2026(2) dt.05-05-2026 2/3 that although the recovery has been made from the possession of the petitioner but the seizure list witnesses are police personnel so there is non-compliance of Sections 103 and 105 of BNSS, 2023 and the petitioner is in custody since 12.02.2026.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries three more cases other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner is on bail in the pending matters.

6. Considering the facts and circumstances of the case and the fact that there is non-compliance of Sections 103 and 105 of the BNSS, 2023, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise judge Court No. 2, Civil Court, East Champaran at Motihari in connection with Chhauradano P.S. Case No. 45 of 2026, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and

Patna High Court CR. MISC. No.30481 of 2026(2) dt.05-05-2026 3/3 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T