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Patna High Court

Dinesh Mukhiya @ Dinesh Kumar Mukhiya @ Dinesh KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied anticipatory bail to the petitioner.

Summary

The petitioner, Dinesh Mukhiya, applied for anticipatory bail fearing arrest in a case registered under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, relating to the alleged recovery of 99 litres of liquor, cash, a knife and a chain from a vehicle. The petitioner argued that he was not arrested on the spot, had no conscious possession of the seized items, was not the vehicle's owner, and that the prosecution’s case relied on a confessional statement of another accused, which he claimed lacks evidentiary value. The State opposed the bail, highlighting the petitioner’s four prior excise cases, the recovery of a dangerous weapon, and the risk of absconding. The court considered these submissions and found the risk of flight and the seriousness of the alleged offences sufficient to deny anticipatory bail. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case.
  • Whether a confessional statement of a co-accused can be relied upon to justify denial of anticipatory bail.
  • Whether the petitioner’s prior criminal record and the presence of a dangerous weapon warrant refusal of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • confessional statement
  • dangerous weapon
  • prior criminal record
  • court refusal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42796 of 2026
                   Arising Out of PS. Case No.-119 Year-2025 Thana- MADHWAPUR District- Madhubani
                 ======================================================
                 Dinesh Mukhiya @ Dinesh Kumar Mukhiya @ Dinesh Kumar S/O Kari
                 Mukhiya R/O Vill.- Basuki, Bihari, P.S- Madhwapur, District – Madhubani
                                                                            ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shailendra Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr. Damodar Prasad Tiwary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-07-2026                  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 offences punishable under Sections 274, 275 and 3(5) of the

                   BNS as well as Section 30(a) of the Bihar Prohibition and Excise

                   (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of four cases under the Excise Act and

                   allegation is of recovery of 99 litres of liquor from a Scorpio Vehicle

                   along with Rs.12,700/- and an iron knife and an iron chain. It is

                   further alleged that Rs.12,700/- was recovered from possession of

                   Vikash Kumar and the knife and iron chain were recovered from

                   possession of Md. Dilshad.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted that
           Patna High Court CR. MISC. No.42796 of 2026(2) dt.03-07-2026
                                                       2/2




                     petitioner is not the owner of the seized vehicle and came to be

                     implicated based on the confessional statement of apprehended

                     accused in police custody which does not have any evidentiary value

                     in the eye of law.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail of the petitioner and submits that apart from

                     recovery of liquor, it is alleged that knife and iron chain were also

                     recovered from possession of Md. Dilshad who disclosed the name

                     of the petitioner. It is further submitted that petitioner has antecedent

                     of four cases and it might be a possibility that if the privilege of

                     anticipatory bail is granted to the petitioner, the petitioner may

                     abscond. It is next submitted that knife is a dangerous weapon.

                                  6. Considering the submissions made by the learned

                     A.P.P. for the State, the Court is not inclined to extend the privilege

                     of anticipatory bail to the petitioner in connection with Madhwapur

                     P.S. Case No. 119 of 2025 pending in the Court of learned Exclusive

                     Special Judge, Excise Court, Madhubani/Successor Court.

                                  7. Hence, the prayer for anticipatory bail is rejected.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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