IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2881 of 2026 Arising Out of PS. Case No.-441 Year-2025 Thana- SURSAND District- Sitamarhi ====================================================== VIJAY MUKHIYA S/O SHATRUDHAN MUKHIYA R/O VILL.- MALAHI, WARD NO. 10, P.S.- SURSAND, DIST.- SITAMARHI ... ... Petitioner/s Versus THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pushpendra Kumar Singh, Advocate For the Opposite Party/s : Mr.Harendra Prasad,A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Sursand P.S. Case No. 441 of 2025, instituted for the offences punishable under Section 317(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 162 liters of Nepali liquor was recovered from motorcycle. 4. 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 no concern with the alleged recovery of liquor. The petitioner is not the owner of the vehicle rather he was passersby of the way Patna High Court CR. MISC. No.2881 of 2026(2) dt.19-01-2026 2/2 and has become victim of circumstances. The petitioner is in custody since 30.11.2025 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. 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. 7. 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 below/concerned Court in connection with Sursand P.S. Case No. 441 of 2025. manish/- (Rudra Prakash Mishra, J) U T