Sakaldeep Mukhiya Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Sakaldeep Mukhiya Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted: petitioner to be released on bail, after framing of charge if not already framed, on furnishing bail bonds of Rs. 15,000/- with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Muffasil P.S. Case No. 148 of 2025, subject to the conditions that one bailor shall be an own/close family member and the petitioner shall appear on each trial date (failure on two consecutive dates permits the Trial Court to cancel the bail bonds).

Issue for consideration

Whether the petitioner, accused in Muffasil P.S. Case No. 148 of 2025 instituted under Section 30(a) of the Bihar Prohibition and Excise Act, should be released on bail.

Court's answer

Considering the facts and circumstances of the case and the period of custody undergone by the petitioner, the Court was inclined to grant bail.

Ratio / Principle

The petitioner was directed to be released on bail, after framing of charge if not already framed, on furnishing bail bonds of Rs. 15,000/- with two sureties of the like amount each to the satisfaction of the Court below, subject to conditions: (i) one bailor shall be an own/close member of the petitioner's family; (ii) the petitioner shall appear on each and every trial date, and default on two consecutive dates entitles the Trial Court to cancel the bail bonds.

Detailed headnote1 paragraphs

BAIL GRANTED - Patna High Court (Rudra Prakash Mishra, J.) allowed the bail application of Sakaldeep Mukhiya in connection with Muffasil (Motihari) P.S. Case No. 148 of 2025, District East Champaran, instituted for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, wherein 32 liters of country made liquor was alleged to have been recovered from a wheat field. Taking into account the facts and circumstances and the period of custody (since 25.06.2025; seven criminal antecedents noted), the Court directed release on bail, after framing of charge if not already framed, on a personal bond of Rs. 15,000/- with two sureties of the like amount each, subject to conditions that one bailor be an own/close family member and that the petitioner appear on every trial date, failing which on two consecutive dates the Trial Court may cancel the bail bonds. Counsel had urged that the recovery was from an open place accessible to the public, the name was disclosed only by the local Chowkidar, and there was no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60074 of 2025

Arising Out of PS. Case No.-148 Year-2025 Thana- MOTIHARI MUFASIL District- East Champaran

======================================================

Sakaldeep Mukhiya S/O Yodha Mukhiya @ Jodha Mukhiya R/O VillageHasuaha, P.S- Muffasil (Motihari), Distt.- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mrs.Alka Singh, Advocate For the Opposite Party/s : Mr.Ramesh Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

3 11-12-2025

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in connection with Muffasil P.S. Case No. 148 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

The prosecution case, in short, is that 32 liters of country made liquor was recovered from wheat field.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.60074 of 2025(3) dt.11-12-2025 2/3

no concern with the alleged recovery of liquor. Learned counsel for the petitioner further submitted that the recovery has been made from open place, which is accessible to public at large. The name of the petitioner has been disclosed by the local Chowkidar. The petitioner is in custody since 25.06.2025 and has got seven criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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

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

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Muffasil P.S. Case No. 148 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.60074 of 2025(3) dt.11-12-2025 3/3

consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J)

manish/-

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