Patna High Court
Ram Babu MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Ram Babu Mukhiya, sought anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 54 litres of country-made liquor. The FIR alleged that during a police raid on 22-10-2025 the petitioner fled and the liquor was recovered from an open paddy field. The petitioner contended that he was falsely implicated due to village politics and that no liquor was found in his possession or on his premises. The court noted that the recovery was from an open space accessible to all and that there was no material linking the liquor to the petitioner’s conscious possession. Relying on these facts and the provisions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, the court granted anticipatory bail, directing release upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether anticipatory bail can be granted when the alleged contraband was recovered from an open field and not from the petitioner’s possession.
- Whether the identification by a local watchman suffices to implicate the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita permits the grant of anticipatory bail in the present circumstances.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- prohibition law
- excise
- Section 30
- Section 482
- political victimisation
- open field doctrine
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18939 of 2026
Arising Out of PS. Case No.-417 Year-2025 Thana- SANGRAMPUR District- East
Champaran
======================================================
Ram Babu Mukhiya son of Pujan Mukhiya @ Poojan Mukhiya Resident of
village - Koirgawan, Ps- Sangrampur, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 16-04-2026 Heard learned Counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in
connection with Sangrampur Case No. 417 of 2025,
registered for the offence under Section 30(a) of Bihar
Prohibition and Excise Act.
3. The prosecution case, as per the First
Information Report that on 22.10.2025, during police raid at
Kodariya, the petitioner, Ram Baby Mukhiya, fled on
seeing the police, and total 54 litres of country-made liquor
was recovered from the paddy field.
4. Learned Counsel for the petitioner submits that
Patna High Court CR. MISC. No.18939 of 2026(2) dt.16-04-2026
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petitioner is innocent and has falsely been implicated in this
case due to village politics. The name of the petitioner has
come on the basis of discloser made by local Chaukidar.
Recovery has been made from the paddy field which is an
open space, accessible to all and sundry. Nothing has been
recovered from the conscious possession and/or premises
belonging to the petitioner.
5. Regards being had to the submissions made on
behalf of the parties and taking into consideration the fact
that recovery has been made from an open space which is
accessible to all and sundry, nothing has been recovered
from the conscious possession and/or premises belonging to
the petitioner, I am inclined to grant the petitioner privilege
of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Special Judge
Excise Court No. 1, Motihari, East Champaran, in
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connection with Sangrampur Police Station Case No. 417 of
2025, subject to the condition laid down under Section 482
(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Anil Kumar Sinha, J)
Siwani/-
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