IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33951 of 2026 Arising Out of PS. Case No.-283 Year-2021 Thana- SANGRAMPUR District- East Champaran ====================================================== Indrajeet Mukhiya S/o Lalbabu Mukhiya @ Late Lal bahadur mukhiya R/o vill - Madhubani Koirgawa, Ps- Sangrampur, District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar, Adv. For the Opposite Party/s : Mr. Parmanand Prasad, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 15-05-2026 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 Sections30(a), 30(c), 32 and 41(1) of the Excise Act. 3. The learned counsel for the petitioner submits that the petitioner has antecedent of twenty cases and allegation is of recovery of 120 litres of liquor along with 1900 litres of semi prepared jawa mahua along with 16 litres of liquor and 300 litres of semi prepared liquor from house of the petitioner. 4. The learned counsel for the petitioner submits Patna High Court CR. MISC. No.33951 of 2026(2) dt.15-05-2026 2/3 that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even the house in question is a joint family property and thus, it cannot be alleged with certainty that it was the petitioner, who had kept the liquor in the house or the liquor kept in the house was within his knowledge and after Amendment in the Excise Act, 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. 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. It is next submitted that petitioner is in custody since 16.01.2026. 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 Patna High Court CR. MISC. No.33951 of 2026(2) dt.15-05-2026 3/3 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.283 of 2021. 7. The application stands allowed. vikash/- (Satyavrat Verma, J) U T