Patna High Court
Angad Mukhiya @ Angad KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail, directing the petitioner’s release on bail bond subject to statutory conditions.
Summary
The petitioner, Angad Mukhiya, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Sections 274, 275 of the Bihar Non‑Statutory (BNSS) and Section 30(a) of the Bihar Prohibition and Excise Act, with 70 litres of liquor recovered from the bank of the Tilave river. He applied for anticipatory bail, arguing that the liquor was seized from a public place, he was not present at the spot, and his name was recorded only on suspicion based on a local chowkidar’s information, with no independent witnesses linking him to the seizure. The Additional Public Prosecutor opposed the bail. The court observed that the recovery did not appear to be from the petitioner's physical possession and that the allegations were based merely on suspicion, and therefore directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order was made conditional on the petitioner surrendering within four weeks and complying with the bail conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the alleged recovery of illicit liquor.
- Whether the material on record establishes a prima facie case linking the petitioner to the seized liquor.
Legislation cited
- Bihar Non-Statutory (BNSS) — s. 274, 275, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- sections 274
- section 275
- Bihar Prohibition and Excise Act
- Section 438 CrPC
- Section 482 BNSS
- suspicion
- seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44834 of 2026
Arising Out of PS. Case No.-36 Year-2026 Thana- BANJARIA District- East Champaran
======================================================
Angad Mukhiya @ Angad Kumar S/o Bhagirath Mukhiya R/o Village -
Chichurahiya, P.S. - Banjariya, Dist. - East Champaran.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Manoj Kumar, Advocate
For the Opposite Party : Mr. Kanhiya Kishor, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 07-07-2026 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 Banjariya P.S.
Case No.36 of 2026 registered under Sections 274, 275 of
B.N.S. and 30(a) of 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 70 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the alleged recovery of illicit liquor was
made from the bank of Tilave river which is an open place
Patna High Court CR. MISC. No.44834 of 2026(2) dt.07-07-2026
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accessible to general public. It is also submitted that name
of petitioner arrayed solely on the basis of suspicion as local
chowkidar disclosed the name of petitioner. It further
submitted that petitioner was not present at the spot and
also is not connected in any manner with the said liquor. It
is also submitted that recovery of illicit liquor was not made
from conscious possession of this petitioner. It is further
argued that the seizure list also appears doubtful being not
supported by independent witnesses rather than by police
personnel. Explaining criminal antecedent, it is submitted
that the petitioner found involved in two more criminal cases
of similar nature, where he is on bail.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, accordingly, the petitioner, above-named, 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
Patna High Court CR. MISC. No.44834 of 2026(2) dt.07-07-2026
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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 Exclusive Special Excise Judge, I,
East Champaran, Motihari, in connection with Banjariya P.S.
Case No.36 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.)
Aniket/-
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