Patna High Court
Raju MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted to the petitioner subject to bond, sureties and verification of his criminal antecedent.
Summary
The petitioner, Raju Mukhiya, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 168 litres of liquor. He argued that no liquor was found in his possession and the case was based solely on a confessional statement made by another accused 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, and that the investigation was mechanically based on hearsay. The State opposed the bail. The Court granted provisional anticipatory bail subject to a bond of Rs.20,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedent, noting that if more than four prior cases are found, the bail would not be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
- Whether the confessional statement of another accused can form the basis for arrest in the absence of seized liquor.
- Whether the 2018 amendment to the Bihar Excise Act eliminates the doctrines of deemed possession and presumed offender.
Subjects
- anticipatory bail
- excise law
- deemed possession
- confessional statement
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18645 of 2026
Arising Out of PS. Case No.-356 Year-2023 Thana- CHHAURADANO District- East
Champaran
======================================================
Raju Mukhiya S/O Tubar Mukhiya R/O Village- Tinkoni ,P.S-Darpa ,District-
East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate
For the Opposite Party/s : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-04- 1. Heard learned counsel for the petitioner and learned
2026
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases under the Excise Act and
allegation is of recovery of 168 liters of liquor from a sack.
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 even alleged
recovery is from a place which does not belong to the petitioner
and he came to be implicated based on confessional statement of
Patna High Court CR. MISC. No.18645 of 2026(2) dt.16-04-2026
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Rambalak in police custody which does not have any evidentiary
value. It is next 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 at the instance
of Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
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.
20,000/- (Rupees Twenty 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
Chhauradano (Mahuawa) P.S. Case No. 356 of 2023 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
Patna High Court CR. MISC. No.18645 of 2026(2) dt.16-04-2026
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the event if it is found that petitioner has antecedent of more than
four cases 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 has antecedent of four
cases only in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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