Patna High Court
Meghu Mukhiya @ Meghu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
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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