Patna High CourtCR. MISC./37101/2026bail granted

Bhukhan Mukhiya @ Sunil Kumar v. The State Of Bihar

2026-07-01Mr. Justice Satyavrat Verma2 pages

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 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, abovenamed, 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