Patna High Court
Amirka Mukhiya @ Amerika MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court granted bail to the petitioner on the condition of a Rs.10,000 bond with two sureties.
Summary
Amirka Mukhiya was arrested in connection with Excise P.S. Case No. 1043 of 2025 for alleged offences under Sections 30(a), 41(1) and 44(2) of the Bihar Prohibition and Excise Act, involving the recovery of 80 litres of illicit country-made chulai liquor. The petitioner contended that he was falsely implicated, that no incriminating material was found in his possession, and that he had no involvement in the liquor seizure, although he had been in custody since 15 November 2025 and possessed seven prior criminal antecedents. The State, represented by the Additional Public Prosecutor, opposed the bail application. After considering the facts, the court found that the circumstances did not warrant continued detention and ordered bail on the condition of a Rs.10,000 bond with two sureties, subject to the Special Excise Court. The court clarified that its observations were prima facie and would not affect the merits of the trial.
Issues considered
- Whether bail should be granted to the accused despite the nature of the excise offences and his prior criminal antecedents
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41(1), 44(2)
Subjects
- bail
- excise offence
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal antecedent
- Special Excise Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30026 of 2026
Arising Out of PS. Case No.-1043 Year-2025 Thana- Excise P.S. District- East Champaran
======================================================
Amirka Mukhiya @ Amerika Mukhiya S/o- Bhaju Mukhiya @ Rambhaju
Mukhiya Resident of village- Hashuaaha P.S- Muffasil District- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh
For the Opposite Party/s : Mr.Dr. Kumar Uday Pratap
======================================================
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 Excise
P.S. Case No. 1043 of 2025 registered for the offences
punishable under Sections 30(a), 41(1), 44(2) of the Bihar
Prohibition and Excise Act.
3. The prosecution case is that 80 liters of illicit
country made chulai liquor was recovered.
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.30026 of 2026(2) dt.06-05-2026
2/2
in custody since 15.11.2025 and has got seven 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 Court No. 02, East Champaran at
Motihari/concerned Court in connection with Excise P.S. Case
No. 1043 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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