Created by Fuzzy Cloud

Patna High Court

Satya Narayan MukhiyaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail subject to bond, sureties and verification of antecedents, with confirmation contingent on the number of prior cases.

Summary

Satya Narayan Mukhiya sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for alleged recovery of 518.4 litres of liquor from his house, which is a joint family property. He argued that he was not arrested, no liquor was found in his conscious possession, and the concept of deemed possession had been removed by the 2018 amendment. The State opposed the bail, contending the seriousness of the offence. The Court granted provisional anticipatory bail on the condition of a Rs.10,000 bond with two sureties, subject to verification of his criminal antecedents. If the verification shows more than two prior cases, the bail will not be confirmed; if exactly two, it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
  • Whether the concept of deemed possession applies after the 2018 amendment to the Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • deemed possession
  • criminal antecedents
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482(2)
  • joint family property

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22234 of 2026
                 Arising Out of PS. Case No.-160 Year-2025 Thana- EXCISE ROSERA District- Samastipur
                 ======================================================
                 Satya Narayan Mukhiya Son of Badri Narayan Mukhiya R/o Belhar Ward No.
                 10, P.S. - Shivajinagar, Distt. - Samastipur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Madhav Kumar
                 For the Opposite Party/s :      Ms. Rina Sinha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 518.4 litres of liquor from house of

                   the petitioner.       It is next submitted that petitioner was not

                   arrested from the spot as such nothing was recovered from his

                   conscious possession and the house in question is a joint family

                   property as such it cannot be alleged with certainty that it was

                   petitioner, who had kept the liquor in the house or the liquor

                   kept in the house was within his knowledge and after
Patna High Court CR. MISC. No.22234 of 2026(2) dt.08-04-2026
                                            2/3




          amendment in the Excise Act in the year 2018, the concept of

          deemed possession and presumed offender has been done away

          with and he came to be implicated based on secret information

          which is the easiest way to implicate someone. It is also

          submitted that once an accused is implicated in a case relating to

          excise, the police starts implicating mechanically either through

          chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with

          two sureties of the like amount each to the satisfaction of the

          learned trial court where the case is pending/successor court in

          connection with Rosera Excise P.S. Case No.160/2025, subject

          to the conditions as laid down under Section 482(2) of the

          B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the
             Patna High Court CR. MISC. No.22234 of 2026(2) dt.08-04-2026
                                                         3/3




                       event if it is found that petitioner has antecedent of more than

                       two cases, in that event, it would be presumed that petitioner

                       had concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of two

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.