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Patna High Court

Indrajeet MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a bond of Rs. 5,000 and two sureties.

Summary

The petitioner, Indrajeet Mukhiya, applied for bail in a case under Sections 30(a), 32 and 41(1) of the Bihar Excise Act concerning the alleged recovery of 288 litres of liquor from eight kilns and the destruction of 1,500 litres of Mahua Pass. He has a history of twenty prior cases, nineteen of which are excise matters, and has been in custody since 13‑04‑2026. Counsel argued that the petitioner was not caught in possession, is not the owner of the kilns, and was implicated merely as a chowkidar, highlighting a pattern of mechanical police investigations. The State opposed bail, emphasizing the seriousness of the offences and the petitioner’s criminal record. The Court, after considering the submissions and the period of custody, ordered the petitioner’s release on bail upon furnishing a bond of Rs. 5,000 with two sureties of equal amount.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the excise offences and his prior criminal record
  • Whether the lack of direct possession and ownership of the seized liquor/kilns justifies release on bail

Legislation cited

Subjects

  • bail
  • excise law
  • Bihar Excise Act
  • criminal procedure
  • prior record
  • liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43753 of 2026
                     Arising Out of PS. Case No.-377 Year-2025 Thana- SANGRAMPUR District- East
                                                       Champaran
                 ======================================================
                 Indrajeet Mukhiya Son of Late Lalbabu Mukhiya @ Lal Bahadur Mukhiya
                 Resident of village- 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
                 For the Opposite Party/s :      Mr. Kanhiya Kishor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-07-2026                  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 Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of twenty cases out of which nineteen

                   cases are under the Excise Act and is in custody since

                   13.04.2026 and allegation is of recovery of 288 liters of liquor

                   from eight kilns and 1500 liters of Mahua Pass was destroyed at

                   the spot.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and is not the

                   owner of any of the kilns and he came to be implicated at the
            Patna High Court CR. MISC. No.43753 of 2026(2) dt.03-07-2026
                                                        2/2




                      instance of Chowkidar. It is also submitted that once an accused

                      is implicated in a case relating to excise, the police starts

                      implicating mechanically either at the instance of Chowkidar,

                      local person, confessional statement or secret information

                      without holding a proper investigation. It is further submitted

                      that petitioner in similar manner earlier also came to be

                      implicated in cases relating to Excise.

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

                      application of the petitioner.

                                   6. Considering the submissions made by the learned

                      counsel for the petitioner and taking into consideration the

                      period of custody, the petitioner above-named, is directed to be

                      released on bail on furnishing bail bonds of Rs. 5000/- (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. 377 of 2025.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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