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Patna High Court

Birju MukhiyaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court ordered provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s antecedents.

Summary

The petitioner, Birju Mukhiya, sought anticipatory bail fearing arrest in a case alleging possession of 13 litres of liquor recovered from the roof of his house, alleged under Sections 273, 274 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. He argued that he has a clean antecedent, the liquor was stored in a joint‑family property, and no liquor was found in his conscious possession; moreover, the 2018 amendment to the Excise Act abolished the concept of deemed possession. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs.500 with two sureties, subject to verification of the petitioner’s criminal antecedents. If any antecedent is discovered, the bail will not be confirmed; if the petitioner is found to have a clean record, the bail will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in a case of alleged possession of liquor under the Bihar Narcotic Substances Act and Bihar Prohibition and Excise Act given the facts.
  • Whether the removal of the deemed‑possession concept by the 2018 amendment affects the petitioner’s liability.

Legislation cited

Subjects

  • anticipatory bail
  • possession
  • liquor
  • Bihar Prohibition and Excise Act
  • deemed possession
  • criminal antecedent
  • joint family property

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42475 of 2026
                   Arising Out of PS. Case No.-118 Year-2026 Thana- KUSHESHWARASTHAN District-
                                                        Darbhanga
                 ======================================================
                 Birju Mukhiya S/O Nago Mukhiya R/O Village- Bishariya, P.S-
                 Kusheshwarasthan, Distt.- Darbhanga.

                                                                              ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Madhumala Kumari
                 For the Opposite Party/s :     Mr. Prem Kumar Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-06-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 273, 274

                   BNS and Section 30(a) of Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 13 litres of liquor from roof of the petitioner’s

                   house. It is next submitted that petitioner was not arrested from

                   the spot as such nothing was recovered from his conscious

                   possession and the house in question is a joint family property

                   as such it cannot be alleged with certainty that it was petitioner,

                   who had kept the liquor in the house or the liquor kept in the
Patna High Court CR. MISC. No.42475 of 2026(2) dt.30-06-2026
                                            2/3




          house was within his knowledge and after amendment in the

          Excise Act in the year 2018, the concept of deemed possession

          and presumed offender has been done away with and he came to

          be implicated at the instance of chowkidar but then it is

          submitted that it does not appear probable that chowkidar would

          have known who had concealed liquor in the house. It is also

          submitted that petitioner is on an inimical term with the

          chowkidar.

                       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.500/- (Rupees five hundred) 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 Kukeshwarasthan P.S. Case No.118/2026,

          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
             Patna High Court CR. MISC. No.42475 of 2026(2) dt.30-06-2026
                                                         3/3




                       event if it is found that petitioner has antecedent of even 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 is a person with clean

                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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