Patna High Court
Pannalal MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to bond, sureties and verification of the petitioner’s antecedent.
Summary
The petitioner, Pannalal Mukhiya, sought anticipatory bail fearing arrest in a case under Sections 30(a), 32 and 41(1) of the Bihar Excise Act, where 10 litres of liquor was allegedly recovered from three locations, including 3 litres from his house. He argued that the liquor was found in a joint‑family property, that he had no conscious possession, and that the concept of deemed possession had been abolished after the 2018 amendment. The petitioner also questioned why the chowkidar, who allegedly knew of his involvement, did not inform police earlier. The State opposed the bail. The Court, considering the clean antecedent claim and the factual circumstances, granted provisional anticipatory bail subject to a modest bond, two sureties, and verification of the petitioner’s criminal record, with the order to be confirmed if the antecedent remains clean.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Excise Act where alleged possession is disputed.
- Whether the amendment removing the concept of deemed possession affects the bail application.
- Whether the petitioner’s clean antecedent warrants provisional bail pending verification.
Legislation cited
- Bihar Excise Act — s. 30(a), 32, 41(1)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- joint family property
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1877 of 2026
Arising Out of PS. Case No.-566 Year-2022 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Pannalal Mukhiya Son of Chen Mukhiya Resident of Village- Harkaina, P.S.-
Muffasil, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar
For the Opposite Party/s : Mr.Sanjay Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-01-2026 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), 32
and 41(1) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 10 litres of liquor from three different places out of
which 3 litres of liquor is alleged to have been recovered from
the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and after 2018
Patna High Court CR. MISC. No.1877 of 2026(2) dt.27-01-2026
2/3
amendment in the Excise Act, the concept of deemed possession
and presumed offender has been done away with. It is next
submitted that 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 the house or the liquor kept in the
house was within knowledge of the petitioner and he came to be
implicated at the instance of Chowkidar but then it is submitted
that if the Chowkidar was aware about the involvement of the
petitioner in the occurrence, then why he did not inform the
police prior to institution of the instant FIR, which casts an
aspersion on the case of the prosecution.
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 Muffasil
P.S. Case No. 566 of 2022, subject to the conditions as laid
Patna High Court CR. MISC. No.1877 of 2026(2) dt.27-01-2026
3/3
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 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.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 2,500/- with Advocate Association, Patna High
Court.
(Satyavrat Verma, J)
Sumit/-
U T
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