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Patna High Court

Bhukhan Mukhiya @ Sunil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioners.

Summary

The petitioners, Bhukhan Mukhiya and Chhoto Mukhiya, were arrested in connection with the alleged recovery of 495 litres of liquor and charged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. They have been in custody since 8 April 2026 and have a prior case under the Excise Act. Their counsel argued that they were not arrested at the scene, no liquor was found in their conscious possession, and the only evidence against them is a confessional statement made by another accused in police custody, which lacks evidentiary value. The State opposed the bail application. After considering the submissions and the period of custody, the Court directed that the petitioners be released on bail upon furnishing a bond of Rs.5,000 each with two sureties. The bail order was made subject to the satisfaction of the trial court where the case is pending.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether a confessional statement of a co-accused, made in police custody, can be relied upon to deny bail.
  • Whether the absence of conscious possession and arrest away from the spot negates the necessity for continued detention.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition Act
  • Excise Act
  • confessional statement
  • conscious possession
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37101 of 2026
                      Arising Out of PS. Case No.-558 Year-2024 Thana- SURSAND District- Sitamarhi
                 ======================================================
           1.     Bhukhan Mukhiya @ Sunil Kumar S/O Madho Mukhiya R/O Village -
                  Parijama Ward No 2 P.S.- Choraut, District - Sitamarhi
           2.     Chhotu Mukhiya @ Akhilesh Mukhiya S/O Asharfi Mukhiya R/O Village -
                  Parijama Ward No 2 P.S.- Choraut, District - Sitamarhi
                                                                                ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Arjun Prasad, Advocate
                 For the Opposite Party/s :        Mr. Arun Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-07-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners seek bail in a case registered for the

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioners submits that

                   petitioners have antecedent of one case under the Excise Act and

                   are in custody since 08.04.2026 and allegation is of recovery of

                   495 litres of liquor from sacks allegedly thrown by Nawal,

                   Sikindra and Ramesh.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was

                   recovered from their conscious possession and they came to be
           Patna High Court CR. MISC. No.37101 of 2026(2) dt.01-07-2026
                                                       2/2




                     implicated based on the confessional statement of apprehended

                     accused in police custody which does not have any evidentiary

                     value in the eye of law.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     regular bail of the petitioners.

                                  6. Considering the submissions made by the learned

                     counsel appearing on behalf of the petitioners and taking into

                     consideration the period of custody, the petitioners, above-

                     named, are directed to be released on bail on furnishing bail

                     bonds of Rs.5,000/- (Rupees Five Thousand) each with two

                     sureties of the like amount each to the satisfaction of the learned

                     Trial Court where the case is pending in connection with

                     Sursand P.S. Case No. 558 of 2024.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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