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
- Bihar Prohibition and Excise Act — s. 30(a), 32, 41(a)
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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