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Patna High Court

BINOD MUKHIYAversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            3/4




          (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
            Patna High Court CR. MISC. No.20881 of 2026(2) dt.08-04-2026
                                                        4/4




                      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/-

U      T


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