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Patna High Court

Ramrup MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, and verification of criminal antecedents.

Summary

The petitioner, Ramrup Mukhiya, was arrested on 10‑12‑2025 in connection with Excise Case No. 239 of 2021 for alleged offences under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act, involving the recovery of 195 litres of illegal Chullai liquor from the Baluahi river. The petitioner contended that the FIR was fabricated, no liquor was found in his conscious possession, and he was implicated merely because he fled the scene. The State opposed bail, noting two other similar cases against the petitioner. The Court observed that the accusation rested on suspicion without any material recovered from the petitioner and therefore granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedents without delaying the release.

Issues considered

  • Whether bail should be granted when no material is recovered from the accused’s conscious possession in an excise offence
  • Whether the allegations in the FIR are sufficient to deny bail despite the petitioner’s claim of fabrication

Subjects

  • bail
  • excise law
  • illegal liquor
  • possession
  • fabricated FIR
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10477 of 2026
                   Arising Out of PS. Case No.-419 Year-2021 Thana- GOVERNMENT OFFICIAL COMP.
                                                    District- Madhepura
                 ======================================================
                 Ramrup Mukhiya S/o Satrudhan Mukhiya Resident of Village- Parwa, P.S.-
                 Murliganj, District- Madhepura

                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Ranjay Kumar Singh, Advocate
                 For the Opposite Party/s :    Mr.Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   18-03-2026                  Heard Mr.Ranjay Kumar Singh, learned counsel for

                   the petitioner and Mr.Md. Iftekhar Mahmood, learned A.P.P. for

                   the State.

                                2. The petitioner seeks bail, who is in custody since

                   10.12.2025 in connection with Excise Case No. 239 of 2021

                   related to Excise P.S.Case No.419 of 2020-21, F.I.R. dated

                   19.03.2021 registered for the offence punishable under Sections

                   30(a) and 30(c) of Bihar Prohibition and Excise Act.

                                3. Recovery is of 195 liters of illegal Chullai liquor.

                                4. Learned counsel appearing for the petitioner

                   submits that the allegation as alleged in the FIR is false and

                   fabricated and the petitioner has not committed any offence as

                   alleged in the FIR. It appears from the FIR as well as the seizure
Patna High Court CR. MISC. No.10477 of 2026(3) dt.18-03-2026
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          list that nothing incriminating article has been recovered from

          conscious possession of the petitioner and altogether 195 liters

          of illegal Chullai liquor was recovered from Baluahi river and

          petitioner has been made accused in the present case merely on

          the ground that he was fled away from the place of occurrence

          and the police, after investigation, submitted chargesheet against

          the petitioner and the petitioner is in custody since 10.12.2025.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner and submits that the petitioner carries

          two more cases of similar nature other than the present one, as

          mentioned in para-3 of the bail petition.

                       6. Considering the aforesaid facts, nothing has been

          recovered from conscious possession of the petitioner and

          petitioner has been made accused in the present case merely on

          the basis of suspicion, let the petitioner, above named, be

          released on bail on furnishing bail bond of Rs.10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of learned Additional Sessions Judge-VII-cum-

          Special Judge Excise-II, Madhepura in connection with Excise

          Case No. 239 of 2021 related to Excise P.S.Case No.419 of

          2020-21, with the following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be
               Patna High Court CR. MISC. No.10477 of 2026(3) dt.18-03-2026
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                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on his/her absence on two consecutive dates without sufficient

                         reason, his/her bail bond shall be cancelled by the Court below.

                                      (II) If the petitioner tampers with the evidence or the

                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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