Patna High Court
Dhananjay MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was granted as the alleged seizure did not amount to conscious possession and no offence under section 30(a) was made out.
Summary
The petitioner, Dhananjay Mukhiya, sought anticipatory bail fearing arrest under section 30(a) of the Bihar Prohibition and Excise Act after police seized 40 litres of country-made liquor from a straw behind his hut. He contended that the liquor was recovered from an open place and not from his conscious possession, and relied on the Full Bench decision in Ram Vinay Yadav v. State of Bihar which allows anticipatory bail despite the bar in Section 76(2) if no offence is established. The State opposed the bail. The High Court, considering the facts, the cited precedent, and the lack of possession, granted anticipatory bail with a set of conditions regarding sureties, appearance before police and court, and non‑interference with witnesses. The order directs the petitioner to furnish a bail bond of Rs.10,000 with two sureties and comply with the stipulated conditions.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2).
- Whether seizure of liquor from an open place constitutes conscious possession sufficient to attract liability under section 30(a).
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
Subjects
- anticipatory bail
- conscious possession
- seizure
- Bihar Prohibition and Excise Act
- section 30(a)
- section 76(2)
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34629 of 2026
Arising Out of PS. Case No.-40 Year-2026 Thana- Nawalpur District- West Champaran
======================================================
Dhananjay Mukhiya S/o Prayag Mukhiya R/o Khalwa Tola Piparahiya, ward
no. 6, PS- Nawalpur, District- West champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 19-05-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with Nawalpur P. S. Case No. 40 of 2026 for the offence
registered under section 30(a) of Bihar Prohibition and Excise
Act.
3. As per the prosecution story, the Police on secret
information, reached the place and behind the house of the
petitioner, in a straw that was kept in the thatched hut, there is
recovery/seizure of 40 liter country made liquor. This led to the
FIR.
4. Learned counsel for the petitioner submits that
admittedly, recovery/seizure is from an open place and not from
his conscious possession, only because of criminal antecedent,
the Chowkidar has named him.
Patna High Court CR. MISC. No.34629 of 2026(2) dt.19-05-2026
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5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer for anticipatory
bail.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also the place of recovery and nothing has been recovered from
his conscious possession, in that background, this Court is
inclined to extend him the privilege of anticipatory bail with
conditions.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Exclusive Special Judge, Excise-II,
Patna High Court CR. MISC. No.34629 of 2026(2) dt.19-05-2026
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Bettiah, West Champaran in connection with Nawalpur P. S.
Case No. 40 of 2026 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall be appearing before the
Police Station as and when required for co-operating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
Patna High Court CR. MISC. No.34629 of 2026(2) dt.19-05-2026
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criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Vijay Singh/
Aayan
U T
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