Bijal Mukhiya @ Vijal Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84801 of 2025 Arising Out of PS. Case No.-707 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== Bijal Mukhiya @ Vijal Mukhiya S/o- Late Muso Mukhiya R/v- Belhaghat W.No-4, Ps Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Madhepura Excise P.S. Case No. 707 of 2021 arising out of Excise Case No. 162 of 2021-22 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Earlier, vide order dated 30.07.2024 in Cr. Misc. No. 50992 of 2024, the petitioner was granted anticipatory bail by a coordinate Bench of this Court but his bail bond could not be

Patna High Court CR. MISC. No.84801 of 2025(2) dt.10-12-2025 2/3 accepted as one of the conditions imposed by this Court was not fulfilled.

4. The prosecution case, in short, is that total 28 litres of liquor has been recovered from plastic sack behind the petitioner's house.

5. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made from an open place which is accessible to public at large. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 24.07.2025 and has two criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

6. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.84801 of 2025(2) dt.10-12-2025 3/3 below/concerned Court in connection with Madhepura Excise P.S. Case No. 707 of 2021.

(Rudra Prakash Mishra, J) Alok Verma/- U T