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Patna High Court

Bhola MukhiyaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail to the petitioner, subject to conditions and verification of his criminal antecedent.

Summary

The petitioner, Bhola Mukhiya, sought anticipatory bail fearing arrest in a case registered under Sections 274 and 275 of the Bihar Narcotic/Excise Act, 2023 read with Section 30(a) of the Bihar Excise Act, alleging recovery of 20 litres of liquor from his residence. He contended that the liquor was located in a joint‑family house, that he had no conscious possession, and that he possessed a clean criminal antecedent. The State opposed the bail, arguing that the allegations warranted detention. The Court noted that the 2018 amendment to the Excise Act had abolished the doctrine of deemed possession and that the petitioner was not apprehended at the spot, rendering the prosecution’s case weak. Accordingly, the Court granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and directed verification of the petitioner’s antecedent. If any prior case is discovered, the provisional bail will not be confirmed; otherwise it will be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances of alleged possession of liquor in a joint‑family house.
  • Whether the doctrine of deemed possession applies after the 2018 amendment to the Bihar Excise Act.
  • Whether the petitioner’s clean antecedent precludes the grant of anticipatory bail.

Subjects

  • anticipatory bail
  • deemed possession
  • joint family property
  • liquor seizure
  • Bihar Excise Act
  • clean antecedent
  • Section 274
  • Section 275

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84585 of 2025
                    Arising Out of PS. Case No.-223 Year-2025 Thana- DARPA District- East Champaran
                 ======================================================
                 Bhola Mukhiya S/O Manejar Muhkiya R/O Vill.- Chhota Rampur, P.S.-
                 Darpa, Dist.- East Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Suraj Kumar Tiwari, Advocate
                 For the Opposite Party/s :       Mr. Ram Anurag Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   19-01-2026                  1.     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 274 and

                   275 of the BNS, 2023 read with Section 30(a) of the Bihar

                   Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 20 liters of liquor from house of the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended 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 it was petitioner who had kept the liquor in
Patna High Court CR. MISC. No.84585 of 2025(3) dt.19-01-2026
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          the house or the liquor kept in the house was within his

          knowledge and after amendment in the excise act in the year

          2018, the concept of deemed possession and presumed offender

          has been done away with. It is also submitted that petitioner

          came to be implicated at the instance of Chowkidar, but then it

          is submitted that if Chowkidar was aware of the involvement of

          the petitioner in the occurrence then why he did not inform the

          police prior to institution of the instant FIR which casts an

          aspersion on the case of the prosecution.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          500/- (Rupees Five Hundred) 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 Darpa

          P.S. Case No. 223 of 2025 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial
            Patna High Court CR. MISC. No.84585 of 2025(3) dt.19-01-2026
                                                        3/3




                      Court shall verify the criminal antecedent of the petitioner and

                      in the event if it is found that petitioner has antecedent of even

                      one case then it would be presumed that petitioner, for the

                      purposes of seeking anticipatory bail, had concealed his

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner is a person with clean

                      antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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