Patna High Court
Indrajeet MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioner, directing release on regular bail with a bond and sureties.
Summary
The petitioner, Indrajeet Mukhiya, was charged under Sections 30(a), 30(c), 32 and 41(1) of the Excise Act for alleged recovery of large quantities of liquor and semi‑prepared liquor from a house that is part of a joint family. He was not arrested at the scene and no liquor was found in his immediate possession. The petitioner argued that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, and that the case was based solely on secret information without proper investigation. He had been in custody since 16 January 2026. The State opposed bail, but the court, after considering the submissions, ordered his release on regular bail upon furnishing a bond of Rs.5,000 with two sureties. The bail application was therefore allowed.
Issues considered
- Whether bail should be granted in offences under Sections 30(a), 30(c), 32 and 41(1) of the Excise Act.
- Whether the 2018 amendment to the Excise Act eliminates the doctrine of deemed possession and presumed offender for the petitioner.
- Whether the evidence and circumstances justify continued detention of the petitioner.
Legislation cited
- Excise Act — s. 30(a), 30(c), 32, 41(1)
Subjects
- bail
- Excise Act
- deemed possession
- presumed offender
- joint family property
- criminal procedure
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33951 of 2026
Arising Out of PS. Case No.-283 Year-2021 Thana- SANGRAMPUR District- East
Champaran
======================================================
Indrajeet Mukhiya S/o Lalbabu Mukhiya @ Late Lal bahadur mukhiya R/o
vill - Madhubani Koirgawa, Ps- Sangrampur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Adv.
For the Opposite Party/s : Mr. Parmanand Prasad, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-05-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for
the offences punishable under Sections30(a), 30(c), 32 and
41(1) of the Excise Act.
3. The learned counsel for the petitioner submits
that the petitioner has antecedent of twenty cases and
allegation is of recovery of 120 litres of liquor along with
1900 litres of semi prepared jawa mahua along with 16
litres of liquor and 300 litres of semi prepared liquor from
house of the petitioner.
4. The learned counsel for the petitioner submits
Patna High Court CR. MISC. No.33951 of 2026(2) dt.15-05-2026
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that petitioner was not arrested from the spot, as such,
nothing was recovered from his conscious possession and
even the house in question is a joint family property and
thus, it cannot be alleged with certainty that it was the
petitioner, who had kept the liquor in the house or the liquor
kept in the house was within his knowledge and after
Amendment in the Excise Act, 2018, the concept of deemed
possession and presumed offender has been done away with
and he came to be implicated based on secret information
which is the easiest way to implicate someone. It is next
submitted that police in majority of cases implicating
innocent persons either at the behest of Chaukidar, local
person, secret information and confessional statement in a
mechanical manner without holding a proper investigation.
It is next submitted that petitioner is in custody since
16.01.2026.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the
learned counsel for the petitioner, the petitioner, above-
named, is directed to be released on regular bail on his
furnishing bail-bonds in the sum of Rs.5,000/- (Rupees Five
Patna High Court CR. MISC. No.33951 of 2026(2) dt.15-05-2026
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Thousand) with two sureties of the like amount each to the
satisfaction of the learned Trial Court where the case is
pending/successor Court in connection with Sangrampur P.
S. Case No.283 of 2021.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
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