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Patna High Court

Pannalal MukhiyaversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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