Patna High Court
Rajkumar Mukhiya @ Raj Kumar MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bail bond, sureties, and verification of the petitioner's antecedent.
Summary
Petitioner Rajkumar Mukhiya was implicated in a case under Sections 30(a) and 37 of the Bihar Excise Act for allegedly possessing six litres of liquor recovered from his house, which is a joint family property. He contended that he had no conscious possession, the liquor was not seized from him directly, and the case relied on a confessional statement of another accused, which he argued lacks evidentiary value. The State opposed his prayer for anticipatory bail. The Court, noting the amendment to the Excise Act that abolished the concept of deemed possession, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 with two sureties and appear before the trial court within six weeks for verification of his antecedent. The order further stipulated that if any prior criminal case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted when the alleged offence is based on deemed possession under the Bihar Excise Act, especially after the 2018 amendment removing the concept of deemed possession.
- Whether a confessional statement of an accused in police custody can form the basis for arrest and denial of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- deemed possession
- confessional statement
- joint family property
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12768 of 2026
Arising Out of PS. Case No.-32 Year-2026 Thana- Nawalpur District- West Champaran
======================================================
Rajkumar Mukhiya @ Raj Kumar Mukhiya Son of Sudama Mukhiya
Resident of Village - Khalwa Piparahiya, Police Station - Nawalpur, District -
West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raki Alam, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, 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 offences punishable under Sections 30(a) and
37 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 6 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
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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 and he came to be implicated based on
confessional statement of apprehended accused in police
custody which does not have any evidentiary value.
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 Nawalpur
P.S. Case No. 32 of 2026 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
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
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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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