Indrajeet Mukhiya @ Indrajit Mukhiya @ Indrajit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32785 of 2026 Arising Out of PS. Case No.-239 Year-2019 Thana- SANGRAMPUR District- East Champaran ====================================================== Indrajeet Mukhiya @ Indrajit Mukhiya @ Indrajit S/o- Lalbahadur Mukhiya R/v- Koergawa Bi Toli Ps- Sangrampur Dist- 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.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2026 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 Section 414 of IPC and Sections 30(a), 35 and 38 of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of nineteen cases under the Excise Act and allegation is of recovery of 55 litres of liquor from the house of 16 accused persons including the petitioner, out of which 9 litres of liquor was recovered from the house of the petitioner and 3 motorcycles were seized.

4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and the house in question is a joint family property as such it cannot be alleged with certainty that

Patna High Court CR. MISC. No.32785 of 2026(2) dt.15-05-2026 2/2 it was petitioner who had kept the liquor in the house or the liquor kept in the house was within knowledge of the petitioner. It is next submitted that after amendment in the Excise Act in the year 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 without holding a proper investigation. It is further 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 also submitted that petitioner is in custody since 9-1-2026.

5.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

6.

Considering the submission made by learned counsel for the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond 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. 239 of 2019.

(Satyavrat Verma, J) Sumit/- U T