Patna High Court
Vakil MusharversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of antecedents, with confirmation dependent on the outcome of that verification.
Summary
Petitioners Vakil Mushar and Jitendra Mushar sought anticipatory bail after a FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018-22 alleging recovery of six litres of liquor from their joint family house. They argued that no arrest was made at the scene, no liquor was found in their conscious possession, and the alleged possession was merely in a shared family property, questioning the basis for their arrest. The State opposed the bail, contending that the offence warranted detention. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed verification of the petitioners' criminal antecedents. The order stipulated that if the antecedent check revealed multiple prior cases, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018-22.
- Whether the alleged possession of liquor in a joint family house establishes sufficient grounds for arrest.
- Whether the petitioners' prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- prohibition and excise
- possession
- joint family property
- criminal antecedent
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62504 of 2025
Arising Out of PS. Case No.-162 Year-2025 Thana- KOCHAS District- Rohtas
======================================================
1. Vakil Mushar S/O Late Haridwar Mushar Resident of Village- Kapasiya,
Police Station- Kochas, District- Rohtas at Sasaram.
2. Jitendra Mushar @ Jitendra Kumar S/O Vakil Mushar Resident of Village-
Kapasiya, Police Station- Kochas, District- Rohtas at Sasaram.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghunandan Kumar Singh
For the Opposite Party/s : Ms. Pronoti Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Amendment Act, 2018-22.
3. Learned counsel for the petitioners submits that
petitioner no.1 has antecedent of one case and petitioner no.2 is
a person with clean antecedent and allegation is of recovery of 6
litres of liquor from house of the petitioners. It is next
submitted that petitioners were not arrested from the spot as
such nothing was recovered from their conscious possession and
the house in question is a joint family property as such it cannot
Patna High Court CR. MISC. No.62504 of 2025(3) dt.06-01-2026
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be alleged with certainty that it were petitioners, who had kept
the liquor in the house or the liquor kept in the house was within
their 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 they came to be
implicated at the instance of chowkidar but then it is submitted
that if chowkidar was aware of the involvement of the
petitioners in the occurrence then why did not inform the police
prior to institution of the instant FIR which casts an aspersion
on the case of the prosecution.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.5000/- (Rupees five thousand) each 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
Kochas P.S. Case No.162/2025, subject to the conditions as laid
down under Section 482(2) of the B.N.S.S.
Patna High Court CR. MISC. No.62504 of 2025(3) dt.06-01-2026
3/3
6. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioner no.1 has antecedent
of more than one case and petitioner no.2 has antecedent of even
one case, in that event, it would be presumed that petitioners
had concealed their antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed with
but if after verification it is found that petitioner no.1 has
antecedent of one case and petitioner no.2 is a person with clean
antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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