Patna High Court
CR. MISC./51173/2026 of Raju Mukhiya Vs The State of Bihar on 29 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51173 of 2026 Arising Out of PS. Case No.-184 Year-2026 Thana- SATHI District- West Champaran ====================================================== Raju Mukhiya S/o Rudal Mukhiya R/o Village - Basantpur, P.S. - Sathi District - West
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51173 of 2026
Arising Out of PS. Case No.-184 Year-2026 Thana- SATHI District- West Champaran ======================================================
Raju Mukhiya S/o Rudal Mukhiya R/o Village - Basantpur, P.S. - Sathi District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Umesh Kumar Gupta, Advocate
For the Opposite Party/s :
Mr. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
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ORAL ORDER
29-07-2026 Heard learned Advocate for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Sathi P.S. Case No. 184 of 2026, registered for the offenses punishable under Sections 274 & 275 of BNS and 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. Acting on a tip off regarding manufacturing of illicit wine, the police conducted raid near the bank of Kartaha river, however, noticing the police party, two persons succeeded in fleeing away, who were identified by the mahal chowkidar, in which one of them was the petitioner. In course of search, altogether 185 liters country-made liquor, besides the utensils used for manufacturing of the wine were recovered.
4. Learned Advocate for the petitioner submits that Patna High Court CR. MISC. No.51173 of 2026(2) dt.29-07-2026
only on account of the criminal antecedent of the petitioner as has been disclosed in paragraph 3 of the bail application, his name has been implicated in this case. The identification of the petitioner by Mahal chowkidar, who is of different village, clearly suggests doubtful identification. Moreover, the alleged recovery has been made from an open place nearby the bank of river, which is easily accessible to all and for that the petitioner cannot be held responsible. There is complete defiance of Section 103 and 105 of the BNSS.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submits that besides the petitioner is carrying four criminal antecedents, he has been identified by the local chowkidar.
6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the fact that the recovery has been made from an open place easily accessible to all, coupled with no complaince of Section 103 and 105 of the BNSS, besides lack of material attracting the rigors to entertain the plea of anticipatory bail, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this Patna High Court CR. MISC. No.51173 of 2026(2) dt.29-07-2026
order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court-II, Bettiah, West Champaran in connection with Sathi P.S. Case No. 184 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner.
siddharth/- (Harish Kumar, J) U T