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Patna High Court

Indrajeet MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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