Patna High Court
Subhash MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for anticipatory bail was dismissed.
Summary
The petitioner, Subhash Mukhiya, applied for anticipatory bail after 5 liters of illicit country-made liquor were recovered from his house in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the recovery was made in his absence and that he has a clean antecedent. The court examined these facts and, despite the circumstances, declined to extend anticipatory bail, dismissing the application. However, the court permitted the petitioner to surrender within two weeks and seek regular bail, directing the Special Judge to consider the limited quantity of liquor and the petitioner's absence when deciding. The decision underscores the court's discretion in granting anticipatory bail in prohibition cases.
Issues considered
- What is the appropriateness of granting anticipatory bail when illicit liquor is recovered from the accused's residence under Section 30(a) of the Bihar Prohibition and Excise Act?
- Does the recovery of the liquor in the accused's absence and his clean antecedent preclude denial of anticipatory bail?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal procedure
- bail discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38296 of 2026
Arising Out of PS. Case No.-178 Year-2026 Thana- BAIRIYA District- West Champaran
======================================================
Subhash Mukhiya S/o Late Nanak Mukhiya R/o Village - Baluwa Rampurwa,
Ward no. 17, P.S. - Bairiya, Dist. - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvesh Kashyap
For the Opposite Party/s : Mr. Damodar Prasad Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The petitioner apprehends arrest in connection with
Bairiya P.S. Case No. 178 of 2026 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. It is alleged that 5 liters of illicit country-made
liquor was recovered from the house of the petitioner.
4. Learned counsel for the petitioner submits that the
alleged recovery was made in the absence of the petitioner and
the petitioner has a clean antecedent.
5. Considering the fact that illicit liquor has been
recovered from the house of the petitioner, this Court is not
inclined to extend the privilege of anticipatory bail to the
Patna High Court CR. MISC. No.38296 of 2026(2) dt.17-06-2026
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petitioner.
6. Accordingly, the application for anticipatory bail
stands dismissed.
7. However, the petitioner is granted liberty to
surrender before the concerned Court within two weeks and
seek regular bail.
8. In the event the petitioner surrenders and files an
application for regular bail within the aforesaid period, the
learned Special Judge shall consider, inter alia, the fact that only
5 liters of illicit country-made liquor is alleged to have been
recovered from the petitioner's house and such recovery was
effected in the absence of the petitioner and will thereafter pass
an appropriate order in accordance with law.
(Sandeep Kumar, J)
Shishir/-
U T
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