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Patna High Court

Indrajeet MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The court held that bail should be granted to the petitioner, subject to a bond and sureties, as the circumstances did not warrant continued detention.

Summary

The petitioner, Indrajeet Mukhiya, applied for bail in a case registered under Sections 30(a), 32 and 41(a) of the Bihar Prohibition and Excise Act, where 607 litres of illicit liquor were seized. The prosecution alleged his involvement, while the petitioner claimed innocence, stating no incriminating material was found in his possession and that he had no connection to the recovered liquor. The petitioner had been in custody since 8 January 2026 and possessed an eighteen-year criminal antecedent. The State opposed the bail, but the court considered the facts, the period of custody, and the lack of direct evidence against the petitioner. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties, emphasizing that the observations were prima facie and not determinative of the trial's merits.

Issues considered

  • Whether bail should be granted to the petitioner under the Bihar Prohibition and Excise Act in view of the alleged offences and his criminal antecedent
  • Whether the period of custody and lack of incriminating material in the petitioner's possession justify bail

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • surety
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30003 of 2026
                      Arising Out of PS. Case No.-15 Year-2025 Thana- SANGRAMPUR District- East
                                                       Champaran
                 ======================================================
                 Indrajeet Mukhiya S/O Lalbabu Mukhiya @ Lal Bahadur Mukhiya R/O
                 Village- Madhubani Koirgawa, P.S- Sangrampur, District- East Champaran,
                 Motihari.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Rajesh Kumar, Adv.
                 For the State           :       Mr.Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   06-05-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                 2. The petitioner seeks bail in connection with

                   Sangrampur P.S. Case No. 15 of 2025                      registered for the

                   offences punishable under Sections 30(a), 32, 41(a) of the Bihar

                   Prohibition and Excise Act.

                                 3. The prosecution case is that 607 liters of country

                   made liquor was recovered from the place of occurrence.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. The petitioner is
           Patna High Court CR. MISC. No.30003 of 2026(2) dt.06-05-2026
                                                       2/2




                     in custody since 08.01.2026 and has got eighteen criminal

                     antecedent.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two

                     sureties of the like amount each to the satisfaction of learned

                     Exclusive Special Excise Champaran, Motihari/concerned Court

                     in connection with Sangrampur P.S. Case No. 15 of 2025.

                                  8. It is made clear that any observation made herein is

                     prima facie in nature and limited solely for the purpose of

                     adjudication of the present bail application. Such observations

                     shall not be construed as an expression on the merits of the case

                     and shall not influence the trial or any other proceedings in any

                     manner.



                                                      (Ansul, J)
abhishekkr/-

U      T


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