Patna High Court
Jugut Mukhia @ Jiut MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond and conditions, pending verification of his criminal antecedents.
Summary
The petitioner, Jugut Mukhia, was implicated in a case (PS Case No. 111 of 2026) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 involving 74.7 litres of illicit liquor recovered from a bush, not from his possession. He claimed innocence, clean antecedents, and alleged political victimisation, seeking anticipatory bail. The State opposed the bail. The High Court, after hearing both sides, granted anticipatory bail for a period of four weeks, subject to a Rs.30,000 bail bond under Section 2(1)(d) of the B.N.S.S., 2023 and conditions under Section 482(2) of the same Act, directing the trial court to verify his criminal antecedents and cancel the bail if concealment is discovered. The order emphasized that verification should not delay acceptance of the bail bond.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S., 2023 in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner poses a risk of absconding, tampering with evidence, or concealing criminal antecedents.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S., 2023 — s. 2(1)(d), 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Section 30(a)
- Section 482(2)
- Section 2(1)(d)
- Bihar Prohibition and Excise Act
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32994 of 2026
Arising Out of PS. Case No.-111 Year-2026 Thana- KUNDWACHAINPUR District- East
Champaran
======================================================
Jugut Mukhia @ Jiut Mukhiya S/o Kanchan mukhiya R/o Village- Basantpur
@ Basantpur Bind Toli, P.S.- Kundwachainpur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Prasad, Adv.
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Kundwachainpur P.S. Case No. 111 of 2026 lodged on
05.04.2026, for the offence punishable under section 30(a) of
the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, FIR has been lodged against
three named accused persons including the present petitioner.
Total recovery of 74.7 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. Counsel
Patna High Court CR. MISC. No.32994 of 2026(2) dt.13-05-2026
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submits that nothing has been recovered from the conscious
possession of the petitioner and the alleged recovery has been
made from the bushes. Counsel further submits that the
petitioner has been falsely implicated in this case due to dirty
village politics. He further submits that the petitioner has clean
antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. In the present facts and circumstances of this case,
let the above named petitioner be released on anticipatory bail,
in the event of arrest or surrender before the Trial Court within a
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section
2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Exclusive
Special Excise Court no.3, East Champaran at Motihari, in
connection with Kundwachainpur P.S. Case No. 111 of 2026,
subject to the conditions as laid down U/s 482(2) of the
B.N.S.S., 2023.
7. The Trial Court is directed to verify the criminal
antecedent(s) of the petitioner, and in case, it is found at any
stage that the petitioner has concealed the fact about his criminal
antecedent(s), the Trial Court shall take steps for cancellation of
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bail bond of the petitioner. However, the acceptance of the bail
bonds in terms of the above-mentioned order shall not be
delayed for the purpose of or in the name of verification.
(Dr. Anshuman, J)
Divyansh/-
U T
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