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Patna High Court

Satyanarayan Mukhiya @ FootballiyaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court provisionally granted anticipatory bail, subject to verification of the petitioner’s antecedents and compliance with bail conditions.

Summary

Satyanarayan Mukhiya sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 148.7 litres of liquor were allegedly recovered from a mustard field not owned by him. The prosecution’s case relied on a confessional statement made by a co-accused in police custody and the petitioner’s two prior excise cases. The petitioner argued that the recovered liquor was not in his possession, the field was communal, and that the 2018 amendment to the Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail, contending the seriousness of the offence. The court granted provisional anticipatory bail on condition of a Rs.10,000 bond with two sureties, directing the trial court to verify the petitioner’s antecedents and to confirm the bail only if he has no more than two prior cases.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the confessional statement of a co-accused in police custody is sufficient evidence to deny bail.
  • Effect of the 2018 amendment removing deemed possession and presumed offender concepts on bail considerations.
  • Impact of the petitioner’s prior excise cases on the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • deemed possession
  • presumed offender
  • confessional statement
  • prior convictions
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12297 of 2026
                   Arising Out of PS. Case No.-1 Year-2026 Thana- SHIVAJINAGAR District- Samastipur
                 ======================================================
                 Satyanarayan Mukhiya @ Footballiya S/O Badri Mukhiya R/V- Khanpur
                 Belhar, P.S- Shivajinagar, Distt.- Samastipur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar, Adv.
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   09-03-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 148.7 litres of liquor from a mustard

                   field. It is next submitted that petitioner was not arrested from

                   the spot as such nothing was recovered from his conscious

                   possession and even alleged recovery is from a place which

                   does not belong to the petitioner and is accessible to villagers at

                   large and he came to be implicated based on confessional

                   statement of Mandip in police custody which does not have any
Patna High Court CR. MISC. No.12297 of 2026(2) dt.09-03-2026
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          evidentiary value. It is also submitted that 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 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 Mr. Chandra Bhushan

          Prasad opposes the prayer for anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

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

          event of his arrest or surrender 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) 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 Shivajinagar P.S. Case No.01/2026, subject to

          the conditions as laid down under Section 482(2) of the

          B.N.S.S.

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

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than
             Patna High Court CR. MISC. No.12297 of 2026(2) dt.09-03-2026
                                                         3/3




                       two cases, in that event, it would be presumed that petitioner

                       had concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of two

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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