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Patna High Court

Anil MukhiyaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional bail subject to conditions under Section 438(2) of the Cr.P.C.

Summary

Anil Mukhiya applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 22 litres of liquor from the courtyard of Madhusudan Ram. The petitioner argued that he was not in possession of the liquor, the alleged recovery occurred on premises not belonging to him, and the case was based solely on a confessional statement made by Madhusudan in police custody, which he claimed lacked evidentiary value. He further contended that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs.5,000 bond with two sureties and directed the trial court to verify the petitioner’s criminal antecedents, with the bail to be confirmed only if he has no more than one prior case.

Issues considered

  • Whether anticipatory bail can be granted when the alleged offence under Section 30(a) of the Excise Act is based on a confessional statement and no possession is established.
  • Whether the 2018 amendment to the Excise Act removing deemed possession and presumed offender concepts affects the grant of anticipatory bail.
  • What conditions under Section 438(2) of the Cr.P.C. must be satisfied for granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • deemed possession
  • confessional statement
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18431 of 2026
                       Arising Out of PS. Case No.-81 Year-2026 Thana- BIRAUL District- Darbhanga
                 ======================================================
                 Anil Mukhiya S/o Gujaya Mukhiya Resident of village - Ramnagar Ward no.
                 9, P.S - Biraul, District - Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms.Mili Kumari
                 For the Opposite Party/s :        Mr.Mithlesh Kumar Khare
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case under the Excise Act

                   and allegation is of recovery of 22 litres of liquor from

                   courtyard of house of Masudan Ram.

                                4. The learned counsel for the petitioner submits 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 petitioner has no concern or relation with Madhusudan and
Patna High Court CR. MISC. No.18431 of 2026(2) dt.01-04-2026
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          he came to be implicated based on confessional statement of

          Madhusudan in police custody, which does not have any

          evidentiary value. It is next submitted that after Amendment in

          the Excise Act, 2018, the concept of deemed possession and

          presumed offender has been done away with.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.5,000/- (Rupees Five 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 Biraul P. S. Case No.81 of 2026, subject to the conditions

          laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of more than one case, then
               Patna High Court CR. MISC. No.18431 of 2026(2) dt.01-04-2026
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                         it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of one case only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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