Vinod Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36825 of 2026 Arising Out of PS. Case No.-77 Year-2026 Thana- Excise Jhanjharpur District- Madhubani ====================================================== Vinod Mukhiya son of Hari Mukhiya Resident of Village- Birpur, PsLadaniya, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baleshwar Kamat, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-06-2026 Heard Mr. Baleshwar Kamat, learned counsel for the petitioner and Mr. Shantanu Kumar, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 11.04.2026 in connection with Excise Jhanjharpur P.S. Case No. 77 of 2026, F.I.R. dated 10.04.2026 for the offences punishable under Sections 32(1) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

3. Recovery is of 360 liters of illicit Nepali Mamsari country made liquor.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been

Patna High Court CR. MISC. No.36825 of 2026(2) dt.16-06-2026 2/3 recovered from the conscious possession of the petitioner rather the recovery has been made from the Hyundari I-10 car in question and petitioner is neither the owner nor the driver of the said vehicle. He further submits that the petitioner has no concern at all from the recovery of the illicit liquor. It appears from the seizure list that seizure list witnesses are police personnel. The petitioner is in custody since 11.04.2026. 5 The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise Act Jhanjharpur, District- Madhubani in connection with Excise Jhanjharpur P.S. Case No. 77 of 2026 subject to the following conditions:- i. 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.36825 of 2026(2) dt.16-06-2026 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. 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 antecedent, 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) Vanisha/- U T