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Patna High Court

Prem MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to a Rs 30,000 bond and conditions under Sections 2(1)(d) and 482(2) of the BNSS, 2023.

Summary

The Patna High Court considered the petition of Prem Mukhiya, who feared arrest in a case (Muffasil P.S. Case No. 466 of 2025) filed under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged possession of 60 litres of illicit liquor. The petitioner contended that he was innocent, that the allegation rested solely on the statement of a chowkidar, and that he had a clean record under the Excise Act, producing an acquittal in a pending IPC case. The State opposed the grant of bail. Applying Section 2(1)(d) and Section 482(2) of the Bihar Non‑Compounding of Offences and Special (BNSS) Act, 2023, the Court ordered anticipatory bail, conditioning it on a bail bond of Rs 30,000 and verification of the petitioner’s criminal antecedent, with power to cancel the bond if concealment is discovered. The order directed the Special Judge Excise Court to accept the bond without delay. Consequently, anticipatory bail was granted subject to the stipulated conditions.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the BNSS, 2023 in a case instituted under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioner’s prior criminal antecedent warrants denial of anticipatory bail.

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • Section 30(a)
  • BNSS 2023
  • bail bond
  • criminal antecedent
  • Special Judge Excise Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21904 of 2026
                  Arising Out of PS. Case No.-466 Year-2025 Thana- MOTIHARI MUFASIL District- East
                                                       Champaran
                 ======================================================
                 Prem Mukhiya Son of Jamun Mukhiya Resident of Village- Hasnaha, P.S.-
                 Muffasil, District- East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kumar Vikram, Advocate
                 For the Opposite Party/s :      Mr. Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   08-04-2026                            Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Muffasil P.S. Case No. 466 of 2025, dated 19.07.2025,

                   lodged under Section 30(a) of the Bihar Prohibition and Excise

                   (Amendment) Act, 2022.

                                3. As per the prosecution, total recovery of 60 litres of

                   illicit liquor has been made, which is the subject matter of the

                   present case.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel

                   further submits that the petitioner has no concern with the

                   alleged recovery. Counsel further submits that the petitioner has
Patna High Court CR. MISC. No.21904 of 2026(2) dt.08-04-2026
                                            2/3




          been implicated in this case merely on the basis of the statement

          of the Chowkidar. It is further submitted that the criminal

          antecedent of the petitioner is clean in terms of the Excise Act.

          However, there is one criminal case pending against him, but

          that case was lodged under the Indian Penal Code and not under

          the Excise Act, in which he has been acquitted, and a slip of

          acquittal has been produced before the Court.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner.

                       6. In the present facts and circumstances of this case,

          let the above named petitioner be released on anticipatory bail,

          in the event of arrest or surrender before the Trial Court within a

          period of 4 weeks from today, on furnishing bail bond of

          Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section

          2(1)(d) of the BNSS, 2023 to the satisfaction of Special Judge

          Excise Court No. 1, East Champaran at Motihari, in connection

          with Muffasil P.S. Case No. 466 of 2025, subject to the

          conditions as laid down U/s 482(2) of the BNSS, 2023.

                       7. It is further directed that the Trial Court shall verify

          the criminal antecedent of the petitioner, and in case it is found

          at any stage that the petitioner has concealed his criminal

          antecedent, the Trial Court shall take steps for cancellation of
         Patna High Court CR. MISC. No.21904 of 2026(2) dt.08-04-2026
                                                     3/3




                   the petitioner’s bail bond. However, the acceptance of the bail

                   bond in terms of the above-mentioned order shall not be delayed

                   for the purpose of or in the name of verification.



                                                                    (Dr. Anshuman, J.)


Aman Kumar/-

U


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