Shankar Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20611 of 2026 Arising Out of PS. Case No.-8 Year-2022 Thana- SANGRAMPUR District- East Champaran ====================================================== Shankar Mukhiya S/o Late Lalbahadur Mukhiya R/o vill- Koirgawa, PSSangrampur, District- East Champaran ... ... 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. Lakshmi Kant Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-04-2026

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), 30(b), 30(c), 32 and 41(1) of the Bihar Prohibition and Excise Act, 2016.

3. Learned counsel for the petitioner submits that petitioner has antecedent of ten cases under the Excise Act and allegation is of recovery of 15 litres of liquor from a distillery along with 1500 litres of semi prepared liquor which was destroyed at the spot.

4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even the alleged recovery is from a place which does not belong to the petitioner and is accessible to villagers at large. It is further submitted that

Patna High Court CR. MISC. No.20611 of 2026(2) dt.18-04-2026 2/3 petitioner came to be implicated at the instance of the Chawkidar but then it is 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. It is next submitted that if the Chawkidar was aware of the involvement of the petitioner in the occurrence then why he did not inform the police prior to the institution of the instant FIR which casts an aspersion on the case of the prosecution. It is also submitted that petitioner is in custody since 15.12.2025 and if the privilege of regular bail is granted to the petitioner, the petitioner will not abscond rather will cooperate in the trial to prove his innocence. It is 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 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

Patna High Court CR. MISC. No.20611 of 2026(2) dt.18-04-2026 3/3 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. 08 of 2022.

(Satyavrat Verma, J) Kundan/- U T