Patna High Court
Indrajeet MukhiyaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that bail may be granted in the case, subject to a monetary bond, sureties and specific conditions.
Summary
The petitioner, Indrajeet Mukhiya, sought regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 57 litres of illicit liquor was recovered near a third party's house. He claimed innocence, arguing that his name appeared only due to his prior criminal record and that no liquor was found in his possession. The State opposed the bail, highlighting the petitioner’s antecedent involvement in 18 similar cases. The Court, after considering the facts, decided to grant bail, imposing a bond of Rs.10,000 with two sureties and conditions including a relative as bailor, non‑repetition of similar offences, cooperation with trial, and regular attendance at the police station. Consequently, the petitioner was released on bail subject to these conditions.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act despite having prior criminal antecedents in similar offences.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- regular bail
- bail conditions
- criminal antecedent
- Bihar Prohibition and Excise Act
- Section 30(a)
- excise offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29064 of 2026
Arising Out of PS. Case No.-35 Year-2024 Thana- SANGRAMPUR District- East
Champaran
======================================================
Indrajeet Mukhiya Son of Lalbabu Mukhiya Resident of village- Madhubani
Koirgawa, Ps -Sangrampur, District- -East Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in
connection with a case registered for the offence punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution, in brief, is that
altogether 57 litres of country-made liquor was recovered near
the house of one Chandrama Mahto.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in the
present case. It is further submitted that the name of the
petitioner has surfaced only on account of his criminal
antecedent. Nothing has been recovered from his conscious
Patna High Court CR. MISC. No.29064 of 2026(2) dt.06-05-2026
2/3
possession, and the recovery has been made from a place near
the house of Chandrama Mahto. It is also submitted that the
petitioner has been languishing in judicial custody since
16.01.2026. However, it is not in dispute that the petitioner has
criminal antecedents in 18 cases, all of similar nature.
5. Learned APP appearing for the State has opposed
the prayer for regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this Court is inclined to enlarge the petitioner on
bail.
7. Accordingly, the petitioner, above-named, is
directed to be released on bail in connection with Sangrampur
P.S. Case No. 35 of 2024, on furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Exclusive Special
Excise Judge, Court No. 1, Civil Court, East Champaran,
Motihari / concerned Court, subject to the following conditions:
(i) One of the bailors shall be a near relative of the
petitioner.
(ii) The petitioner shall not indulge in offences of
similar nature in future.
(iii) The petitioner shall cooperate in the trial and
Patna High Court CR. MISC. No.29064 of 2026(2) dt.06-05-2026
3/3
remain present on each and every date fixed by the Court. The
petitioner shall mark his attendance weekly at the Sangrampur
Police Station.
(Ashok Kumar Pandey, J)
Jagdish/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.