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Patna High Court

Satan Mukhiya @ Santan MukhiyaversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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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