Patna High Court
BINOD MUKHIYAversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was granted as no conscious possession was established and the bar under Section 76(2) does not preclude bail where no offence is made out.
Summary
Binod Mukhiya applied for anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise Act for alleged involvement in illicit wine manufacturing. The prosecution alleged that liquor was seized from an open area and that Mukhiya was identified by locals, but no liquor was found in his conscious possession. The petitioner argued, relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, that anticipatory bail can be granted despite the bar in Section 76(2) if no offence is made out. The court accepted that no conscious possession was established and, following the cited precedent, extended anticipatory bail with specific conditions. Mukhiya was ordered to furnish a bail bond of Rs.10,000 with two sureties and comply with attendance and non‑interference conditions.
Issues considered
- Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2).
- Whether the petitioner’s alleged involvement constitutes conscious possession sufficient to constitute an offence under Section 30(a).
- Whether the court may impose conditions on the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- conscious possession
- Section 76(2)
- bail conditions
- excise offence
- wine manufacturing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20881 of 2026
Arising Out of PS. Case No.-413 Year-2025 Thana- CHIRAIYA District- East Champaran
======================================================
BINOD MUKHIYA Son of Bhikhari Mukhiya Resident of village -
Hansuaaha, P.S.- Muffasil, Motihari, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Vikram, Advocate
For the State : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-04-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Chiraiya P.S. Case No. 413 of 2025 for the
offence under sections 30(a) of the Bihar Prohibition and Excise
Act lodged on 24.09.2025 by the informant, Gautam Kumar.
3. As per the prosecution story, the Police on secret
informant raided near the river and fond some persons
manufacturing wine, they managed to escape but the locals gave
the name, petitioner being one of them. Recover/seizure is/are
of 90 liter country made liquor and 2000 liter semi developed
wine which was destroyed. This led to the FIR.
4. Learned counsel for the petitioner submits that
admittedly, the recovery/seizure is from an open place not from
Patna High Court CR. MISC. No.20881 of 2026(2) dt.08-04-2026
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his conscious possession and only because of criminal
antecedent, got implicated
5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer submitting that he
has criminal antecedent.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that nothing has been recovered from his conscious
possession as recorded above, in that background, this Court is
inclined to extend him the privilege of anticipatory bail with
conditions.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.20881 of 2026(2) dt.08-04-2026
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(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Special Judge, Excise Court No.1, East
Champaran in connection with Chiraiya P.S. Case No. 413 of
2025 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
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cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
vinayak/-
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