Patna High Court
Bagha @ Akhilesh MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that bail should be granted to the petitioner.
Summary
Bagha @ Akhilesh Mukhiya was charged under Section 30(a) of the Excise Act for alleged recovery of 168 litres of liquor, based primarily on a confessional statement of another person in police custody. The petitioner, who has six prior Excise cases, was not arrested at the scene and no liquor was found in his possession. He had been in custody since 4 November 2025 and argued that he would not abscond and would cooperate with the trial. The State opposed bail. The court considered the lack of direct possession, the reliance on a custodial confession, and the petitioner's willingness to cooperate, and ordered his release on regular bail with a bond of Rs.5,000 and two sureties. The bail application was allowed.
Issues considered
- Whether bail should be granted to a person charged under Section 30(a) of the Excise Act when the alleged offence is based on a custodial confession and the accused has prior Excise cases.
Legislation cited
- Excise Act — s. 30(a)
Subjects
- bail
- Excise Act
- Section 30(a)
- confessional statement
- prior cases
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22874 of 2026
Arising Out of PS. Case No.-356 Year-2023 Thana- CHHAURADANO District- East
Champaran
======================================================
Bagha @ Akhilesh Mukhiya Son of Mangal Mukhiya R/o Village - Tinkoni
,P.S. -Darpa ,District-East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Shankar Shrivastava
For the Opposite Party/s : Mr.Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of six cases under the Excise Act
and allegation is of recovery of 168 litres of liquor from a sack.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
recovery is from a place, which does not belong to the petitioner
and he came to be implicated based on confessional statement of
Ram Balak Mukhiya in police custody, which does not have any
Patna High Court CR. MISC. No.22874 of 2026(2) dt.18-04-2026
2/2
evidentiary value. It is also submitted that petitioner will not
abscond rather will cooperate in the trial to prove his innocence
and is in custody since 04.11.2025.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, is
directed to be released on regular bail on his furnishing bail-
bonds in the sum of Rs.5,000/- (Rupees Five Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Trial Court where the case is pending/successor Court in
connection with Chhauradano-Mahuawa P. S. Case No.356 of
2023.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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