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Patna High Court

Meghu Mukhiya @ Meghu KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied.

Summary

Meghu Mukhiya sought anticipatory bail in connection with a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where 3.9 litres of illicit liquor were recovered. The petitioner claimed innocence, asserting that no liquor was found in his possession, but the State highlighted a pending criminal case of a similar nature against him. The learned counsel for the State opposed the bail, emphasizing the prior pending case. The Court, after considering the facts and the petitioner’s antecedent, declined to grant anticipatory bail. It directed the petitioner to surrender within four weeks and instructed the trial court to hear any surrender‑cum‑bail application on its merits without prejudice from this order.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 given the facts and his prior pending case

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • bail denial
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26882 of 2026
                     Arising Out of PS. Case No.-623 Year-2025 Thana- BATHNAHA District- Sitamarhi
                 ======================================================
                 Meghu Mukhiya @ Meghu Kumar S/O Sukhlal Mukhiya Resident of Village-
                 Bathnaha, ward no- 06, P.S.- Bathnaha, District- Sitamarhi.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjeet Kumar Mishra, Advocate
                 For the Opposite Party/s :       Mr. Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   22-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Bathnaha P.S. Case No. 623 of 2025, dated 30.12.2025,

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

                   (Amendment) Act, 2022, pending before the Court of Exclusive

                   Special Excise Court, Sitamarhi.

                                3. As per the prosecution, total recovery of 3.9 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. He further

                   submits that nothing has been recovered from the possession of

                   the petitioner. Furthermore, he submits that the criminal
          Patna High Court CR. MISC. No.26882 of 2026(2) dt.22-04-2026
                                                      2/2




                    antecedent of the petitioner is not clean, as one criminal case is

                    pending against him.

                                 5. Learned APP for the State opposes the prayer for

                    bail of the petitioner and submits that one case of the same

                    nature is pending against the petitioner.

                                 6. In the present facts and circumstances, this Court is

                    not inclined to grant anticipatory bail to the petitioner.

                    Accordingly, the prayer for anticipatory bail of the petitioner is

                    hereby rejected.

                                 7. It is directed to the petitioner to surrender before

                    the Trial Court within a period of 4 weeks from today. In case,

                    the petitioner surrenders within four weeks, then the Trial Court

                    is directed to pass order on his surrender-cum-bail application

                    on the same day without being prejudice that the anticipatory

                    bail of the petitioner has been rejected by this Court and the

                    Trial Court shall pass order on the merit of this case, considering

                    that recovery has not been made from the petitioner’s

                    possession.



                                                                         (Dr. Anshuman, J.)

Aman Kumar/-

U     T


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