Patna High Court

Beer Bahadur Mukhiya @ Birabahadur MukhiyaversusThe State of Bihar

Decided: 22 April 2026
Disposal: BAIL REJECTED
Bench: ANSHUMAN

Holding

The Court held that anticipatory bail could not be granted due to the seriousness of the offence and the petitioner's unclean criminal antecedent.

Summary

The petitioner, Beer Bahadur Mukhiya, was implicated in a case (Sangrampur P.S. Case No. 263 of 2024) for alleged possession of 10 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He applied for anticipatory bail, claiming innocence and asserting that the liquor was recovered from a motorcycle not linked to him, and that his name appeared only due to local disclosures. The State opposed bail, highlighting the petitioner's seven pending cases, all under the Excise Act, and argued that his criminal antecedent warranted denial of bail. The Court examined the facts, the seriousness of the offence, and the petitioner's prior criminal record, concluding that granting bail would be inappropriate. Consequently, the Court rejected the anticipatory bail application but directed that if the petitioner surrenders within four weeks, the trial court should decide his bail application on the same day without prejudice.

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 of the case.
Whether the petitioner's prior criminal antecedent and pending excise cases justify denial of bail.

Subjects

anticipatory bail
excise law
illicit liquor
criminal antecedent
bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26975 of 2026
                     Arising Out of PS. Case No.-263 Year-2024 Thana- SANGRAMPUR District- East
                                                       Champaran
                 ======================================================
                 Beer Bahadur Mukhiya @ Birabahadur Mukhiya S/O Baldev Mukhiya
                 Resident of village- Koirgawan Bintoli (Koirgava), P.S.- Sangrampur,
                 District- East Champaran.

                                                                                 ... ... Petitioner/s

                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Md. Ataur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

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

                   A.P.P for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Sangrampur P.S. Case No. 263 of 2024 lodged on

                   20.10.2024, for the offence punishable under Section 30(a) of

                   the Bihar Prohibition and Excise (Amendment) Act, 2022,

                   pending in the Court of Exclusive Special Excise Court No.1,

                   East Champaran at Motihari.

                                3. As per the prosecution, FIR has been lodged against

                   the sole petitioner. Total recovery of 10 litres of illicit liquor has

                   been made, which is the subject matter of the present case.
Patna High Court CR. MISC. No.26975 of 2026(2) dt.22-04-2026
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                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Counsel

          submits that nothing has been recovered from the conscious

          possession of the petitioner and the said recovery has been made

          from a motorcycle. Counsel submits that the petitioner has no

          concern with the said motorcycle and his name has come in this

          case on the basis of disclosure made by local people. Counsel

          further submits that the criminal antecedent of the petitioner is

          not clean as there are seven cases pending against him.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that criminal antecedent of the

          petitioner is not clean as there are seven cases pending against

          him and all the cases are registered under Excise Act and this

          aspect must be taken into consideration.

                       6. As such, in the present facts and circumstances, this

          Court is not inclined to grant bail to the petitioner. Accordingly,

          the prayer for anticipatory bail of the petitioner stands rejected.

                       7. However, if petitioner surrenders before the

          concerned Trial Court within a period of 4 weeks from today

          then in that case, 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
             Patna High Court CR. MISC. No.26975 of 2026(2) dt.22-04-2026
                                                         3/3




                       rejected by this Court and the Trial Court shall pass order on the

                       merit of this case.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U      T

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