Patna High Court
Satan Mukhiya @ Santan MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner with specified conditions.
Summary
Petitioner Satan Mukhiya applied for anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged possession of 7 litres of liquor recovered from a paddy field and his house. He argued that the liquor was found in a joint family property, that he had no conscious possession or knowledge, and that the concept of deemed possession was removed by the 2018 amendment. The State opposed the bail. The Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500, two sureties of equal amount, and a condition to deposit Rs.1,500 with the Patna High Court Lawyers’ Association, with verification of the petitioner’s antecedent to confirm the order. If any prior case is found, the bail may be revoked; otherwise, it will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in view of the alleged possession of liquor.
- Whether the alleged recovery of liquor from a joint family property establishes conscious possession or knowledge on the part of the petitioner.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- possession
- excise law
- joint family property
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5457 of 2026
Arising Out of PS. Case No.-425 Year-2025 Thana- BABUBARHI District- Madhubani
======================================================
Satan Mukhiya @ Santan Mukhiya S/o Late Rameshwar Mukhiya Resident of
Village - Bikramsher, P.S.- Babubarhi, 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 : Ms. Pushpa Sinha.1, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 7 litres of liquor from two places out of which two
litres of liquor was recovered from a paddy field behind the
house of co-accused Jagjivan Ram and 5 litres of liquor from
the house of the petitioner.
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 It is also submitted that the house in question is a joint
Patna High Court CR. MISC. No.5457 of 2026(2) dt.02-02-2026
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family property, as such, it cannot be alleged with certainty that
it was the petitioner who had kept the liquor in 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. It is next submitted that petitioner came to be implicated
based on the secret information which is the easiest way to
implicate someone without holding a proper investigation of the
case.
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, let 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
Babubarhi P.S. Case No. 425 of 2025, subject to the conditions
as laid down under Section 438(2) of the Cr.P.C./482(2) of the
BNSS.
Patna High Court CR. MISC. No.5457 of 2026(2) dt.02-02-2026
3/3
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed his antecedent
before this Court at para 3 of the anticipatory bail application in
that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.1,500/- with the Lawyers’ Association
of the Patna High Court within a period of two weeks from
today.
(Satyavrat Verma, J)
Kundan/-
U T
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