Patna High Court
Upendra MukhiyaversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioners subject to bond, sureties and compliance with Section 482(2) of the B.N.S.S.
Summary
The petitioners, Upendra Mukhiya and Prabhu Mukhiya, sought anticipatory bail in connection with a case (Sangrampur PS Case No. 286 of 2024) alleging offences under Sections 281 and 125(a) of the Bhartiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. The prosecution claimed that 15 litres of illicit country‑made liquor were recovered from a motorcycle, which the petitioners assert does not belong to them, and that their names were implicated only through a co‑accused’s statement. The petitioners disclosed prior antecedents but offered to deposit a bail amount of Rs.10,000 each. The State opposed the bail. The Court, noting the lack of possession and the vehicle’s ownership, granted anticipatory bail subject to a bond, sureties, and compliance with Section 482(2) of the B.N.S.S., along with the deposit of the proposed amount.
Issues considered
- Whether anticipatory bail should be granted when the accused have no direct possession of the seized liquor
- Whether the ownership of the vehicle from which the liquor was recovered negates liability
- Whether prior criminal antecedents preclude the grant of anticipatory bail
- Application of Section 482(2) of the Bhartiya Nyaya Sanhita in granting anticipatory bail
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 125(a), 281, 482(2)
Subjects
- anticipatory bail
- illicit liquor
- excise law
- criminal procedure
- prior antecedents
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11510 of 2026
Arising Out of PS. Case No.-286 Year-2024 Thana- SANGRAMPUR District- East
Champaran
======================================================
1. Upendra Mukhiya Son of Ganesh Mukhiya @ Ganesh Bin Resident of
Village- Koirgawa Bin Toli, P.S.- Sangrampur, District- East Champaran
2. Prabhu Mukhiya Son of Ganesh Mukhiyia @ Ganesh Bin Resident of
Village- Koirgawa Bin Toli, P.S.- Sangrampur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suraj Kumar Tiwari, Adv.
For the Opposite Party/s : Ms.Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners are apprehending their arrest in
connection with Sangrampur P.S. Case No. 286 of 2024 dated
02.11.2024 registered for the offence punishable under Sections
281, 125(a) of the Bhartiya Nyaya Sanhita, 2023 and Section
30(a) of the Bihar Prohibition and Excise (Amendment) Act.
3. As per prosecution case, the police has recovered total
15 liters illicit country-made liquor from a motorcycle bearing
Regd. No. BR22AC-6360.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.11510 of 2026(2) dt.17-02-2026
2/3
recovery is shown to have been made from the motorcycle
which does not belong to the petitioners and the names of the
petitioners has transpired in this case on the basis of the
statement made by the co-accused Awadh Kishore Mukhiya. It
is next submitted that while the petitioners are in no way
connected with the seized article, the alleged vehicle does
belong to the petitioners.
5. Counsel for the petitioners fairly submits that the
petitioner no.1 has four antecedents out of which three are akin
to the Excise Act whereas petitioner no.2 has three antecedents
identical to the instant case.
6. Without accepting the guilt, learned counsel for the
petitioners proposes to deposit Rs.10,000/- (Rupees Ten
Thousand) each in the welfare account of the Lawyers
Association of the Patna High Court.
7. On the other hand, the learned APP for the State has
opposed the prayer for bail of the petitioners.
8. Having heard learned counsel for the parties and
considering the fact that nothing has been recovered from the
conscious possession of the petitioners as also the fact that the
alleged motorcycle does not belong to the petitioners, this Court
is inclined to grant privilege of anticipatory bail to the
Patna High Court CR. MISC. No.11510 of 2026(2) dt.17-02-2026
3/3
petitioners.
9. Let the above named petitioners, be released on bail, in
the event of their arrest or surrender before the learned Court
below within a period of six weeks from today, on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Special Judge, Excise Court No.1, East Champaran, Motihari in
connection with Sangrampur P.S. Case No. 286 of 2024, subject
to the conditions as laid down under Section 482(2) of the
B.N.S.S. and on production of the receipt showing deposit of
Rs.10,000/- as proposed on behalf of the petitioners.
(Ajit Kumar, J)
rishi/-
U T
Checking your session…