Patna High Court
Satya Narayan MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
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
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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
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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
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