Patna High Court
CHANDAN MUKHIYA @ CHANDAN KUMAR MUKHIYAversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted regular bail to the petitioner.
Summary
Chandan Mukhiya applied for regular bail in a criminal case registered under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Amendment Act, where 110 litres of illicit liquor were seized. The prosecution alleged his involvement, but the petitioner contended that no incriminating material was found on his person and that he was not connected to the recovery. He had been in custody since 29 January 2026 and a chargesheet had already been filed. The State opposed the bail application, arguing the seriousness of the offence. Considering the facts, the court found no compelling reason to deny bail and ordered his release on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Excise Court.
Issues considered
- Whether regular bail should be granted to the petitioner under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Amendment Act in view of the circumstances of the case.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 41(1)
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32071 of 2026
Arising Out of PS. Case No.-71 Year-2025 Thana- TURKAULIYA District- East Champaran
======================================================
CHANDAN MUKHIYA @ CHANDAN KUMAR MUKHIYA S/O DURGA
MUKHIYA R/O Vill.- Balahi P.S.- Turkauliya, Dist.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Vikram , Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-05-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. Petitioner seeks regular bail in a case registered for
the offence punishable under Sections 30(a), 41(1) of the Bihar
Prohibition and Excise Amendment Act.
3. As per the prosecution case, 110 liters of illicit
liquor was recovered from spot.
4. Learned counsel for the petitioner submits that he is
innocent and has committed no offence. No incriminating
material has been recovered from conscious possession of the
petitioner and he is no way connected with the aforesaid
recovery. Petitioner is in custody since 29.01.2026 . Chargesheet
has already been submitted.
5. Learned A.P.P. for the State vehemently opposes the
Patna High Court CR. MISC. No.32071 of 2026(2) dt.15-05-2026
2/2
bail application.
6. Considering the aforesaid facts and circumstances
of the case and period of custody, the bail application is allowed.
Let the above named petitioner be released on bail on furnishing
bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Exclusive Special
Excise Court No. 1, East Champaran at Motihari in connection
with Turkauliya PS Case No. 71 of 2025 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.