Patna High Court
Raslal MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that the petitioner is entitled to provisional anticipatory bail subject to bond, sureties and verification of his criminal antecedent, with confirmation contingent on the antecedent not exceeding three cases.
Summary
The petitioner, Raslal Mukhiya, sought anticipatory bail fearing arrest in a case registered under Sections 274 and 275 of the Bihar Narcotic Substances Act, 2023 read with Section 30(a) of the Bihar Excise Act. He argued that he was not caught in possession, the alleged liquor recovery occurred at a location not belonging to him, and the only evidence was a confessional statement made by another accused while in police custody, which he claimed lacked evidentiary value. He further contended that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of a cash bond and two sureties, directing that the trial court verify the petitioner’s criminal antecedent; if more than three prior cases are found, the bail will not be confirmed, otherwise it will be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act.
- Whether a confessional statement made by a co‑accused in police custody can be the basis for arrest.
- Whether the 2018 amendment to the Bihar Excise Act has eliminated the doctrines of deemed possession and presumed offender.
- Whether the petitioner’s prior criminal antecedent (more than three cases) disqualifies him from obtaining anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Narcotic Substances Act, 2023 — s. 274, 275, 482(2)
Subjects
- anticipatory bail
- criminal antecedent
- confessional statement
- deemed possession
- presumed offender
- Bihar Excise Act
- Bihar Narcotic Substances Act
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29775 of 2026
Arising Out of PS. Case No.-82 Year-2026 Thana- JAYNAGAR District- Madhubani
======================================================
Raslal Mukhiya S/O Raghunath Mukhiya Resident of Village- Korahia, Ward
No. 12, Police Station- Jaynagar, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashad
For the Opposite Party/s : Mr. Akshay Lal Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-05-2026 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 offences punishable under Section 274 and
275 of the BNS, 2023 read with Section 30(a) of the Bihar
Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases out of which one case is
under the Excise Act and allegation is of recovery of 90 liters of
liquor from a sack.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.29775 of 2026(2) dt.05-05-2026
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and he came to be implicated based on confessional statement of
Ramlochan in police custody which does not have any
evidentiary value. It is next submitted that after amendment in
the excise act in the year 2018, the concept of deemed
possession and presumed offender has been done away with.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
15000/- (Rupees Fifteen 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 Jaynagar
P.S. Case No. 82 of 2026 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of more than
three cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his antecedent
before this Court, as such, the provisional anticipatory bail order
Patna High Court CR. MISC. No.29775 of 2026(2) dt.05-05-2026
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shall not be confirmed, but after verification if it is found that
petitioner has antecedent of three cases only, in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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