Shivchandra Mukhiya @ Shiv Chandar Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39087 of 2026 Arising Out of PS. Case No.-143 Year-2026 Thana- MAJORGANJ District- Sitamarhi ====================================================== 1.

Shivchandra Mukhiya @ Shiv Chandar Mukhiya S/o Dukha Mukhiya R/o Village - Mohini Mandal, Ward No.12, P.S.- Suppi, District - Sitamarhi 2.

Vikash Paswan @ Vikash Kumar S/o Jogindar Paswan @ Yogendra Paswan R/o Village - Mohini Mandal, Ward No.12, P.S.- Suppi, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 17-06-2026 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Majorganj P.S. Case No. 143 of 2026 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, altogether 288 litres of illicit Nepali country-made liquor was recovered from a Bamboo clamp near a school.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have been falsely implicated in the present case. It has further been submitted that

Patna High Court CR. MISC. No.39087 of 2026(2) dt.17-06-2026 2/2 nothing has been recovered from the conscious possession of the petitioners. It has also been submitted that the recovery has been made from an open place which is accessible to all and the said place does not belong to the petitioners. It has also been submitted that the procedure prescribed under Sections 103/105 of the B.N.S.S. has not been followed. Lastly, it has been submitted that the petitioners have got clean criminal antecedent and they are in custody since 21.04.2026.

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

6. Heard the parties and perused the record.

7. Considering the above facts and circumstances of the case, let the petitioners above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Sitamarhi, in connection with Majorganj P.S. Case No. 143 of 2026.

8. The application stands allowed.

(Praveen Kumar, J) Jyoti/- U T