Patna High Court
Saheb MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the seizure did not prima facie establish the petitioner's possession and he has a clean antecedent.
Summary
Saheb Mukhiya was named in an FIR for alleged illegal manufacture and trade of illicit liquor, with 49.02 litres seized near the Samadhawa Canal, an open public area. The petitioner argued that the liquor was not in his conscious possession, the seizure list lacked independent witnesses, and his name was based solely on a local watchman's disclosure, emphasizing his clean antecedent. The State opposed his anticipatory bail. The court observed that the recovery did not prima facie indicate possession by the petitioner and, considering his clean record, ordered his release on bail upon surrender within four weeks, subject to a bond and sureties. The bail was granted under the conditions of Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order directs compliance with the Special Judge, Excise, Court‑1, Bettiah.
Issues considered
- Whether anticipatory bail should be granted when the seized illicit liquor is not shown to be in the petitioner's possession.
- Whether the petitioner’s clean antecedent and lack of independent witness testimony justify bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- Bihar Prohibition and Excise Act
- clean antecedent
- Section 438 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42904 of 2026
Arising Out of PS. Case No.-71 Year-2026 Thana- BAIRIYA District- West Champaran
======================================================
Saheb Mukhiya, S/o Surendra Mukhiya @ Kapildeo Mukhiya, R/o Vill.-
Baira Parsauni, P.S.- Nautan, Distt.- West champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Niraj Kumar Sharma, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 02-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Bairiya P.S. Case
No.71 of 2026 registered under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 49.02 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized illicit liquor was recovered near
the Samadhawa Canal, which is an open place accessible to
Patna High Court CR. MISC. No.42904 of 2026(2) dt.02-07-2026
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the general public and, therefore, it cannot be said that the
alleged recovery was made from the conscious possession of
the petitioner. It is further submitted that seizure list also
appears doubtful being not supported by independent
witnesses rather than by police personnel. It is also pointed
out that the name of the petitioner surfaced solely on the
disclosure made by a local Chaukidar. The petitioner claimed
clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking of note of fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, accordingly, the petitioner above-named, who is a
man of clean antecedent in the event of his arrest or
surrender in the court below within a period of four weeks
from today, is directed to be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned Special Judge, Excise ,Court-1, Bettiah, West
Patna High Court CR. MISC. No.42904 of 2026(2) dt.02-07-2026
3/3
Champaran in connection with Bairiya P.S. Case No.71 of
2026, subject to the conditions as laid down under Section
438(2) of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Raushan/-
U T
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