Patna High Court
Munna MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the petitioner is entitled to regular bail as there was no evidence of possession or ownership and the allegations were insufficient to justify continued detention.
Summary
Munna Mukhiya was arrested in connection with the alleged recovery of 40 litres of liquor and 3300 litres of liquor solution from five kilns, offences under Sections 30(a), 30(b), 30(c), 32 and 41(i) of the Excise Act. The petitioner argued that he was not arrested at the spot, had no possession of the liquor, was not the owner of any kiln, and was implicated by a hostile chaukidar. The State opposed bail. The court examined the lack of direct evidence linking the petitioner to the seized liquor and the possibility of false implication, and consequently ordered his release on regular bail upon furnishing a bond and sureties. The bail application was allowed.
Issues considered
- Whether the petitioner is entitled to bail despite the charges under the Excise Act and the circumstances of his arrest
Legislation cited
- Excise Act — s. 30(a), 30(b), 30(c), 32, 41(i)
Subjects
- bail
- Excise Act
- possession
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41790 of 2026
Arising Out of PS. Case No.-8 Year-2022 Thana- SANGRAMPUR District- East Champaran
======================================================
Munna Mukhiya S/O Shankar Mukhiya R/O Village- Koirgawa Bin Toli, P.S.-
Sangrampur, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-07-2026 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 Sections 30(a), 30(b), 30(c), 32 and
41(i) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of four cases under the Excise Act
and is in custody since 30.04.2026 and allegation is of recovery
of 40 litres of liquor along with 3300 litres of liquor solution
which was destroyed at the spot from five different kiln.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
any of the kiln and he came to be implicated at the instance of
Patna High Court CR. MISC. No.41790 of 2026(2) dt.03-07-2026
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Chaukidar with whom he is on an inimical term. 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.
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 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.08 of 2022.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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