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Patna High Court

Upendra MukhiyaversusTHE STATE OF BIHAR

Decided
Disposal
BAIL GRANTED

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

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
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          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


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