Patna High Court
Bijli MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of antecedents, with confirmation contingent on the antecedent check.
Summary
The petitioner, Bijli Mukhiya, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged recovery of 224.4 litres of liquor from an auto. He argued that he was not in actual possession of the liquor, was not the owner of the vehicle, and that the case against him was based solely on a confessional statement made by another accused in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending that the offence warranted arrest. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 and two sureties of the same amount, subject to verification of the petitioner’s criminal antecedents. It further directed that if the petitioner is found to have more than one prior case, the bail would not be confirmed, whereas confirmation would follow if only one antecedent is found. The order was made under Section 482(2) of the B.N.S.S., directing the trial court to verify the antecedents and act accordingly.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite allegations under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the concept of deemed possession or presumed offender, abolished after the 2018 amendment, applies to the petitioner.
- Whether a confessional statement of a co-accused made in police custody can form a basis for denying anticipatory bail.
- Whether provisional anticipatory bail can be conditioned on verification of the petitioner’s criminal antecedents.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- confessional statement
- provisional bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32930 of 2026
Arising Out of PS. Case No.-63 Year-2026 Thana- MANIGACHI District- Darbhanga
======================================================
Bijli Mukhiya S/o Tetar Mukhiya R/o village - Bathiya, P.S - Manigachhi,
District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nawal Kishor Prasad
For the Opposite Party/s : Mr. Chandra Bhushan Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 14-05-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State Mr. Chandra Bhushan Prasad.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 224.4 litres of liquor from an auto. It is next
submitted that petitioner was not arrested from the spot as such
nothing was recovered from his conscious possession and is not
the owner of the seized vehicle and he came to be implicated
based on confessional statement of Ratan in police custody
which does not have any evidentiary value. It is also submitted
that after amendment in the Excise Act in the year 2018, the
Patna High Court CR. MISC. No.32930 of 2026(2) dt.14-05-2026
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concept of deemed possession and presumed offender has been
done away with.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.5000/- (Rupees five 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 Manigachhi P.S. Case No.63/2026, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
one case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
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confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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