Patna High Court
Indrajeet MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The petitioner is entitled to regular bail.
Summary
Indrajeet Mukhiya was charged under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged recovery of 738 litres of liquor. The petitioner, who has 19 prior excise cases, argued that he was not arrested at the spot, no liquor was found in his conscious possession, and that the complaint was filed by a hostile chawkidar without proper investigation. The State opposed regular bail. The Court examined the lack of direct possession, the questionable basis of the complaint, and the petitioner’s custody since 22.01.2026. Considering these factors, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount. The bail order was directed to be complied with by the trial court where the case is pending.
Issues considered
- Whether the petitioner is entitled to regular bail under the Bihar Prohibition and Excise (Amendment) Act, 2022 despite prior excise cases
- Whether the absence of conscious possession and alleged procedural lapses justify granting bail
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 32, 41(1)
Subjects
- bail
- excise law
- liquor seizure
- conscious possession
- police investigation
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33692 of 2026
Arising Out of PS. Case No.-124 Year-2025 Thana- SANGRAMPUR District- East
Champaran
======================================================
Indrajeet Mukhiya S/o Lalbabu Mukhiya @ Lal Bahadur Mukhiya R/o vill -
Koirgawa, PS - Sangrampur, District- East Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-05-2026 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 Sections 30(a), 32 and 41(1) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of nineteen cases under the Excise Act
and allegation is of recovery of 738 litres of liquor from
different places.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated at the instance of the
Chawkidar with whom he is on an inimical term. It is next
Patna High Court CR. MISC. No.33692 of 2026(2) dt.15-05-2026
2/2
submitted that even the alleged recovery is from a place which
does not belong to the petitioner and is accessible to villagers at
large. It is also submitted that once an accused is implicated in a
case relating to excise the police start implicating mechanically
either at the instance of the Chawkidar, local person,
confessional statement or secret information without holding a
proper investigation of the case and petitioner is in custody
since 22.01.2026.
5. Learned A.P.P. for the State opposes the prayer for
regular bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, the petitioner,
above-named, is directed to be released on bail on furnishing
bail bonds 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 in connection with
Sangrampur P.S. Case No. 124 of 2025.
(Satyavrat Verma, J)
Kundan/-
U T
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