Patna High Court
LALU MUKHIYAversusThe state of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent and compliance with the stipulated bond and sureties.
Summary
The petitioner, Lalu Mukhiya, sought anticipatory bail after a case was registered against him under Section 30(a) of the Bihar Excise Act for alleged recovery of 22 litres of liquor from his house and 23 litres from another's house. He argued that he has a clean antecedent, the liquor was not found in his immediate possession, and the house is a joint family property, making it uncertain that he had knowledge of the liquor. He further contended that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, and that the investigation relied on secret information. The State opposed the bail, asserting the seriousness of the offence. The High Court, applying Section 482(2) of the Criminal Procedure Code, granted provisional anticipatory bail subject to a modest bond, two sureties, and a six‑week window for surrender, with a condition that the bail be confirmed only after verification of the petitioner’s antecedent.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where no liquor was found in the petitioner’s immediate possession.
- Whether the 2018 amendment eliminating deemed possession and presumed offender precludes the petitioner’s liability.
- Whether the High Court may impose conditions under Section 482(2) of the CrPC for provisional anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482
- deemed possession
- presumed offender
- joint family property
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44336 of 2026
Arising Out of PS. Case No.-94 Year-2026 Thana- Nawalpur District- West Champaran
======================================================
LALU MUKHIYA S/O Mahanth Mukhiya Village - Nawalpur, Police station
- Nawalpur, District -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. Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-07-2026 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 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 22 liters of liquor from house of petitioner and 23
liters of liquor from house of Chokat Mukhiya.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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
Patna High Court CR. MISC. No.44336 of 2026(2) dt.07-07-2026
2/3
the house or the liquor kept in the 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 based on
secret information which is the easiest way to implicate
someone without holding a proper investigation.
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 before the learned Trial Court
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 Nawalpur
P.S. Case No. 94 of 2026 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
Patna High Court CR. MISC. No.44336 of 2026(2) dt.07-07-2026
3/3
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
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.