IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58354 of 2026 Arising Out of PS. Case No.-166 Year-2026 Thana- PIPRA District- East Champaran ====================================================== 1. Dhuruv Mukhiya Son of Dukhan Mukhuya Resident of Village- Kuwarpur, Bintoli, P.S.- Pipra, District- East Champaran, Motihari. 2. Rup Narayan Mukhiya Son of Dukhan Mukhiya Resident of Village- Kuwarpur, Bintoli, P.S.- Pipra, District- East Champaran, Motihari. 3. Bhageshwar Mukhiya Son of Dukhan Mukhiya Resident of Village- Kuwarpur, Bintoli, P.S.- Pipra, District- East Champaran, Motihari. 4. Jay Narayan @ Jaycharan Mukhiya Son of Gujar Mukhiya Resident of Village- Kuwarpur, Bintoli, P.S.- Pipra, District- East Champaran, Motihari. 5. Budhan Mukhiya Son of Bindeshwar Mukhiya Resident of Village- Kuwarpur, Bintoli, P.S.- Pipra, District- East Champaran, Motihari. 6. Renu Devi @ Manju Devi Wife of Dhuruv Mukhiya Resident of Village- Kuwarpur, Bintoli, P.S.- Pipra, District- East Champaran, Motihari. 7. Mina Devi Wife of Rup Narayan Mukhiya Resident of Village- Kuwarpur, Bintoli, P.S.- Pipra, District- East Champaran, Motihari. 8. Sangita Devi @ Sunarpati Devi Wife of Budhan Mukhiya Resident of Village- Kuwarpur, Bintoli, P.S.- Pipra, District- East Champaran, Motihari. 9. Sunarpati Devi Wife of Bhageshwar Mukhiya Resident of Village- Kuwarpur, Bintoli, P.S.- Pipra, District- East Champaran, Motihari. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sumit Kumar Gupta For the Opposite Party/s : Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 19-08-2026 Heard learned Advocate for the petitioners and learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in connection with Pipra P.S. Case No. 166 of 2026, registered for the offences punishable under Sections 30(a), 41(1) of the Bihar Patna High Court CR. MISC. No.58354 of 2026(2) dt.19-08-2026 2/4 Prohibition and Excise (Amendment) Act, 2022. 3. Acting on a tip off regarding storage and sale of illicit wine, the police conducted raid in a maize filed situated behind the house of petitioner no. 1, Dhruv Mukhiya. However, noticing the police party, the petitioners along with others succeeded in fleeing away. In course of search, total 162 litres of country made liquor was recovered from the maize filed. 4. Learned Advocate for the petitioners submitted that the prosecution has admitted this fact that the alleged recovery has been made from a maize filed, which is an open place easily accessible to all; besides there is no compliance of Section 105 of the BNSS. During the course of search and preparation of seizure report, no videography has been carried out. The witnesses are none else but the police personnels and, as such, the statutory prescription of Section 103(4) of the BNSS has also not been followed. The reason behind the false implication of the petitioners is said to be mere criminal antecedent. Learned Advocate for the petitioners thus argued that as to whether the criminal antecedent of a person can be the sole ground to implicate the name of the petitioner without there being any cogent materials and specific allegation suggesting the complicity of the petitioner in the crime. Patna High Court CR. MISC. No.58354 of 2026(2) dt.19-08-2026 3/4 5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that all the accused persons are carrying multiple criminal antecedent as has been disclosed in paragraph-3 of the bail application, besides the huge recovery of 162 litres country made wine behind the house of the petitioner no. 1 clearly smacks complicity of the petitioners in the crime. It is further contended that in such a situation the bar provided under Section 76(2) of the Excise Act also stands attracted. 6. Having considered the submissions advanced on behalf of the respective parties and taking note of the accusation and the materials available on record which clearly demonstrates that the alleged recovery has been made from a maize filed, which does not belong to the petitioners, besides there is no compliance of Sections 103 and 105 of BNSS as also lack of any material which attracts the statutory bar to entertain the present anticipatory bail application; moreover the criminal antecedent of a person cannot be a sole ground to deny the bail in case there is no cogent materials suspecting the complicity of the petitioners in the crime, let the petitioners abovenamed be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of Patna High Court CR. MISC. No.58354 of 2026(2) dt.19-08-2026 4/4 receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 3, Civil Court, East Champaran at Motihari in connection with Pipra P.S. Case No. 166 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 petitioners. Anjani/- (Harish Kumar, J) U T