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2026 DAILYLAW 10000 (PAT)

Niraj Kumar Mukhiya v. The State of Bihar

CR. MISC./20099/2026 · 2026-04-01

Sandeep Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20099 of 2026 Arising Out of PS. Case No.-36 Year-2026 Thana- TERHAGACHH District- Kishanganj ====================================================== Niraj Kumar Mukhiya S/O Ramballav Mukhiya @ Ram Ballabh Mukhiya Resident of Village - Chichora Police Station - Bibiganj, District- Kishanganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Adv For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 2 01-04-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Special Case No. 39/2026 arising out of Tedhagaach P.S. Case No. 36 of 2026 dated 30.01.2026 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The recovery is of 84.600 litres of illicit country- made liquor from the four sacks loaded on the motorcycle. 4. Learned counsel for the petitioner submits that the petitioner is innocent and he is in custody since 31.01.2026 and has two criminal antecedents. The petitioner has no concern either with the motorcycle or the seized liquor. 5. Learned counsel for the petitioner submits that the petitioner is ready to donate Rs. 25,000/- in some charitable organization without accepting his guilt. 6. Learned APP appearing for the State opposes the Patna High Court CR. MISC. No.20099 of 2026(2) dt.01-04-2026 2/2 prayer for bail of the petitioner. 7. Considering the facts and circumstances of the case, period of custody and submissions of learned counsel for the petitioner, let the petitioner, above named, be released on hail 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-1), Kishanganj in connection with Special Case No. 39/2026 arising out of Tedhagaach P.S. Case No. 36 of 2026. This is also subject to the condition that the petitioner shall deposit an amount of Rs. 25,000/- in Ramakrishna Math, Village Jharha (near Matua Pahar), P.O. Gurua, Dist. Gayaji, Bihar, 824205 and produce the receipt of the same before the Court below. The bail bonds of the petitioner shall be accepted after verifying the genuineness of the receipt produced by the petitioner. As a condition of this order, the petitioner after being released on bail is directed to mark his attendance at Bibiganj Police Station on first Sunday of each month. Any default in appearance at the police station will result in cancellation of bail bonds of the petitioner. atul/- (Sandeep Kumar, J) U T