IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25892 of 2026 Arising Out of PS. Case No.-64 Year-2026 Thana- HARLAKHI District- Madhubani ====================================================== Sundar Das Mukhiya @ Sundar Mukhiya S/o- Padhu Mukhiya @ Upendra Mukhiya Village- Barhi PS- Harlakhi District- Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gagandeo Yadav, Advocate Mr. Ravi Prakash, Advocate For the Opposite Party/s : Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 24-04-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 274, 275 and 3(5) of the B.N.S. and Section 30 (a) of the Bihar Prohibition and Excise Act. 3. A bare perusal of the first information report and the seizure list would go to show that 351 liters of Nepali liquor has been recovered from a sack. 4. It is submitted by learned counsel for the petitioner that the name of the petitioner has been falsely implicated in this case on the basis of disclosure made by the apprehended co- accused, Jagarnath Mukhiya and Sonu Das, rather the fact of Patna High Court CR. MISC. No.25892 of 2026(2) dt.24-04-2026 2/3 the matter is that nothing has been recovered from the conscious physical possession of the petitioner. It is further submitted that there is violation of mandatory provision in search and seizure as also there is no independent witness to the said seizure list. Petitioner has one criminal antecedent of similar nature of the offence as stated in para-3 of this application. 5. Learned APP for the State opposed the prayer for bail on the ground that the petitioner has one criminal antecedent of similar nature of the offence. In response, it is submitted on behalf of the petitioner that the petitioner is on bail in the said case. 6. Having regard to the facts and circumstances of the case and also considering the fact that the petitioner has been made accused on the confessional statement of the apprehended co- accused, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Harlakhi P.S. Case No. 64 of 2026, subject to Patna High Court CR. MISC. No.25892 of 2026(2) dt.24-04-2026 3/3 the condition as laid down under Section 482 (2) Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, subject to further condition that: (i) The petitioner shall cooperate in the investigation/trial. (ii) One of the bailors would be the family member/close relative of the petitioner. Trivedi/- (Soni Shrivastava, J) U T