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Patna High Court

Bijli MukhiyaversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
             Patna High Court CR. MISC. No.32930 of 2026(2) dt.14-05-2026
                                                         3/3




                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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