Patna High Court
Prem MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
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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
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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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