Patna High Court
Chandan MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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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