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Patna High Court

Chandan MukhiyaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Since the petitioner was not found in possession of the liquor and the alleged contravention occurred in a public place, bail was granted on condition of bond and sureties.

Summary

The petitioner, Chandan Mukhiya, applied for bail in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 100 litres of liquor from a public ghat. The petitioner argued that he was not arrested at the spot, no liquor was found in his possession, and the alleged incident occurred in a place open to the public, suggesting a mechanical implication by the police. The State opposed the bail. The court noted the lack of possession, the public nature of the alleged contravention, and the petitioner’s custody since 29‑01‑2026, and consequently ordered his release on bail with a bond of Rs.5,000 and two sureties. The bail order was directed to be recorded in the trial court where the case is pending.

Issues considered

  • Whether the petitioner is entitled to bail in a case under Section 30(a) of the Bihar Excise Act given the facts.
  • Whether the absence of possession of the liquor and the public location of the alleged offence justify granting bail.

Subjects

  • bail
  • excise law
  • Section 30
  • Bihar Excise Act
  • criminal procedure
  • public place
  • possession
  • prior cases

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29788 of 2026
                      Arising Out of PS. Case No.-233 Year-2025 Thana- TURKAULIYA District- East
                                                       Champaran
                 ======================================================
                 Chandan Mukhiya S/o Durga Mukhiya R/o Village - Balahi, P.S - Turkauliya,
                 District - East Champaran at Motihari

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Kumar Vikram
                 For the Opposite Party/s :       Mr.Yogendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-05-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner seeks bail in a case registered for the

                   offences punishable under Section 30(a) of the Bihar Excise

                   Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of three cases under the Excise Act and

                   allegation is of recovery of 100 litres of liquor from chhath ghat

                   near bank of Dhanauti river.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner
              Patna High Court CR. MISC. No.29788 of 2026(2) dt.04-05-2026
                                                          2/2




                        and is accessible to public at large and he came to be implicated

                        at the instance of Chowkidar and local people. It is further

                        submitted that once an accused is implicated in a case relating to

                        excise, the police starts implicating mechanically either at the

                        instance of Chowkidar, local person, confessional statement or

                        secret information without holding a proper investigation. It is

                        also submitted that petitioner is in custody since 29-1-2026.

                                 5.     Learned A.P.P. for the State vehemently opposes

                        the prayer for bail of the petitioner.

                                 6.     Considering the submission made by learned

                        counsel for the petitioner, let the petitioner, above named, be

                        released on bail on furnishing bail bond 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 Turkauliya P.S. Case

                        No. 233 of 2025.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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