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Patna High Court

Subhash MukhiyaversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
                                                        2/2




                      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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