Patna High Court
Bhagirath MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent, and ordered confirmation of bail only if he is found to have a clean criminal record.
Summary
The petitioner, Bhagirath Mukhiya, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for the alleged recovery of 270 litres of liquor from two motorcycles. He argued that he was not arrested at the spot, had no conscious possession of the liquor, and was not the owner of the vehicles involved. The prosecution’s case relied on a confessional statement made by Devendra Paswan while in police custody, which the petitioner contended lacked evidentiary value. He further submitted that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, and that he has a clean criminal antecedent. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on the filing of bail bonds and two sureties, and directed the trial court to verify the petitioner’s antecedent before confirming the bail. If the verification reveals any prior case, the provisional bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted when the alleged offence is based solely on a confessional statement and there is no conscious possession of the seized liquor.
- Whether the 2018 amendment removing the concepts of deemed possession and presumed offender under the Bihar Prohibition and Excise Act affects the grant of anticipatory bail.
- Whether the petitioner’s criminal antecedent must be verified before confirming the provisional anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- clean antecedent
- confessional statement
- deemed possession
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18875 of 2026
Arising Out of PS. Case No.-28 Year-2026 Thana- Excise Benipatti District- Madhubani
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Bhagirath Mukhiya S/o Udagar Mukhiya R/o village - Sarisav, P.S. -
Benipatti, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 26-03-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 270 litres of liquor from two motorcycles.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of any of the seized vehicles and
came to be implicated based on the confessional statement of
Devendra Paswan in police custody which does not have any
evidentiary value in the eye of law. It is next submitted that after
Patna High Court CR. MISC. No.18875 of 2026(2) dt.26-03-2026
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amendment in the Excise Act in the year 2018, the concept of
deemed possession and presumed offender has been done away
with and petitioner is a person with clean antecedent.
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, let the petitioner, above-named, in the
event of his arrest or surrender 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 Benipatti Excise P.S. Case No. 28 of 2026,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
Patna High Court CR. MISC. No.18875 of 2026(2) dt.26-03-2026
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petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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