Patna High Court
Balchand Mukhiya @ Balchandra MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court held that anticipatory bail is warranted as the petitioner’s alleged involvement is tenuous and the conditions of Section 482(2) of the BNSS, 2023 are satisfied.
Summary
Balchand Mukhiya sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016 for alleged possession of 9 litres of illicit liquor. The prosecution alleged recovery of the liquor, but the petitioner was neither arrested nor found with the liquor; his only connection was that a motorcycle involved in the case was registered in his name. The petitioner asserted his innocence and clean criminal record. The State opposed bail, but the court, applying Section 482(2) of the BNSS, 2023, granted anticipatory bail subject to a Rs.30,000 bond and other conditions. The order releases the petitioner on anticipatory bail if arrested or surrendered within four weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS, 2023 in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.
- Whether mere registration of a vehicle in the petitioner’s name is sufficient grounds to deny anticipatory bail.
Legislation cited
- BNSS, 2023 — s. 2(1)(d), 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Section 30(a)
- Section 482(2)
- vehicle registration
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22613 of 2026
Arising Out of PS. Case No.-170 Year-2023 Thana- BHAPTIAHI District- Supaul
======================================================
Balchand Mukhiya @ Balchandra Mukhiya Son of Bhola Mukhiya Resident
of village - Baisa, Ward No.- 10, P.S.- Bhaptiyahi, District - Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prasoon Kumar, Advocate
For the Opposite Party/s : Mrs. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner is apprehending arrest in connection
with Sessions Trial No. 1247 of 2023 arising out of Bhaptiyahi
P.S. Case No. 170 of 2023, dated 14.10.2023, lodged under
Section 30(a) of the Bihar Prohibition and Excise (Amendment)
Act, 2016.
3. As per the prosecution, total recovery of 09 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 was neither arrested from the
spot nor was anything illicit recovered from his possession.
Patna High Court CR. MISC. No.22613 of 2026(2) dt.16-04-2026
2/2
Counsel further submits that the petitioner’s name has figured in
this case only because one of the alleged motorcycles was
registered in his name. Counsel also submits that the criminal
antecedent of the petitioner is clean.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. As such, 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 P.O. Exclusive Special Excise Court No. 1,
Supaul, in connection with Sessions Trial No. 1247 of 2023
arising out of Bhaptiyahi P.S. Case No. 170 of 2023, subject to
the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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