Patna High Court
Jiyalal Mukhiya @ Jiyalal Kumar @ Jiyalal Kumar MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of antecedent, with confirmation contingent on a clean criminal record.
Summary
The petitioner, Jiyalal Mukhiya, was implicated in a case under Section 317(5) of the Bihar Narcotic Substances Act and Sections 30(a) and 41(1) of the Bihar Excise Act for alleged recovery of liquor and mahua from a public place. The petitioner argued that he had no prior criminal record, that the seized liquor was not in his possession, and that the case was based solely on a confessional statement made by an accused while in police custody, which he claimed lacked evidentiary value. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, ordered provisional anticipatory bail subject to a bail bond of Rs. 500 and two sureties of the same amount, invoking Section 482(2) of the Bihar Narcotic Substances Act, and directed the trial court to verify the petitioner’s antecedent before confirming the bail. If any prior case is found, the provisional bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bihar Narcotic Substances Act despite the nature of the alleged offences.
- Whether a confessional statement made by an accused while in police custody can be relied upon as substantive evidence for denying anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a), 41(1)
- Bihar Narcotic Substances Act — s. 317(5), 482(2)
Subjects
- anticipatory bail
- Section 482
- confessional statement
- Bihar Excise Act
- liquor seizure
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43335 of 2026
Arising Out of PS. Case No.-456 Year-2025 Thana- PIPRA District- East Champaran
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Jiyalal Mukhiya @ Jiyalal Kumar @ Jiyalal Kumar Mukhiya S/O
Bhuneshwar Mukhiya R/O Vill.- Kuwarpur, Bintoli, P.S-Pipra, Dist- East
Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sumit Kumar Gupta
For the Opposite Party/s : Ms.Asha Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-07-2026 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 Section 317(5) of
BNS and Sections 30(a) and 41(1) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 9 litres of liquor from a motorcycle and 117 litres of
liquor from from a bush along with 5000 litres of mahua pass
which was destroyed.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
Patna High Court CR. MISC. No.43335 of 2026(2) dt.02-07-2026
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recovery is from a place which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
based on confessional statement of Ramayodhya in police
custody which does not have any evidentiary value.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. 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 Pipra P.S. Case No. 456 of 2025, subject to the
conditions as laid down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of even one case
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner is a
person with clean antecedent in that event the provisional
Patna High Court CR. MISC. No.43335 of 2026(2) dt.02-07-2026
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anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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