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Patna High Court

Mukesh Yadav @ Mukesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bond, sureties, and verification of criminal antecedents.

Summary

The petitioners, Mukesh Yadav and Nitu Devi, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 92.5 litres of liquor from their joint family house. They argued that the liquor was not in their conscious possession, the house is jointly owned, and the FIR does not disclose the informant, challenging the prosecution's reliance on presumed possession after the 2018 amendment that abolished the concept of deemed possession. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditioned the confirmation of bail on verification of the petitioners' criminal antecedents, reserving the right to revoke bail if antecedents exceed the stated limits.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the absence of a disclosed informant and the removal of the deemed possession concept affect the validity of the charges.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30
  • deemed possession
  • criminal antecedent
  • joint family property

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10780 of 2026
                      Arising Out of PS. Case No.-1070 Year-2025 Thana- PIRBAHOR District- Patna
                 ======================================================
           1.     Mukesh Yadav @ Mukesh Kumar S/O Late Sanjv Kumar @ Sanjit Yadav @
                  Khira Yadav R/O- Musallahpur Naya Gaon Mahendru Shitla Mandir, P.S.-
                  Pirbahore, Distt- Patna
           2.    Nitu Devi W/O Late Sanjiv Kumar @ Sanjit Yadav @ Khira Yadav R/O -
                 Imali Naya Gaon , P.S.- Pirbahore, Distt- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ram Jiban Pd Singh
                 For the Opposite Party/s :       Mr. Nitya Nand Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-02-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioner no.1 has antecedent of two cases and petitioner no.2

                   has antecedent of one case and is a woman and allegation is of

                   recovery of 92.5 litres of liquor from house of the petitioners. It

                   is next submitted that petitioners were not arrested from the spot

                   as such nothing was recovered from their conscious possession

                   and the house in question is a joint family property as such it
Patna High Court CR. MISC. No.10780 of 2026(2) dt.24-02-2026
                                            2/3




          cannot be alleged with certainty that it were petitioners, who

          had kept the liquor in the house or the liquor kept in the house

          was within their 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 and they came to

          be implicated at the instance of local person but then it is

          submitted that the name of the person who disclosed the name

          of the petitioners is not disclosed in the FIR, which casts an

          aspersion on the case of the prosecution. It is also submitted that

          once an accused is implicated in a case relating to excise, the

          police starts implicating mechanically either through chowkidar,

          local person, confessional statement or secret information

          without holding a proper investigation.

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

          anticipatory bail of the petitioners.

                       5. Considering the submissions made by the learned

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

          event of their arrest or surrender before the learned Court below

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

          provisional anticipatory bail on furnishing bail bonds of

          Rs.10,000/- (Rupees ten thousand) each with two sureties of the

          like amount each to the satisfaction of the learned trial court
             Patna High Court CR. MISC. No.10780 of 2026(2) dt.24-02-2026
                                                         3/3




                       where the case is pending/successor court in connection with

                       Pirbahore P.S. Case No.1070/2025, subject to the conditions as

                       laid down under Section 482(2) of the B.N.S.S.

                                    6. It is made clear that thereafter the learned trial court

                       thereafter shall verify the criminal antecedents of the petitioners

                       and in the event if it is found that petitioner no.1 has antecedent

                       of more than two cases and petitioner no.2 has antecedent of

                       more than one case, in that event, it would be presumed that

                       petitioners had concealed their antecedent before this court, as

                       such, the provisional anticipatory bail order shall not be

                       confirmed with respect to those petitioners whose criminal

                       antecedent does not tally but if after verification the criminal

                       antecedent as recorded hereinabove tallies with the petitioners in

                       that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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