Patna High Court
Dinesh MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with bail conditions.
Summary
The petitioner, Dinesh Mukhiya, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for allegedly possessing 50 litres of liquor recovered from his house, which is a joint family property. He argued that he has a clean antecedent, was not arrested at the spot, and that the liquor was not in his conscious possession, contending that the concept of deemed possession was removed by the 2018 amendment. The State opposed his prayer for anticipatory bail. The Court considered these submissions and, applying Section 482(2) of the Criminal Procedure Code, granted provisional anticipatory bail subject to a modest bail bond and two sureties, with a condition that the trial court verify his antecedents. If any prior case is found, the bail would be revoked; otherwise, it would be confirmed. The order thus provides temporary protection pending verification of the petitioner’s criminal record.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
- Whether the concept of deemed possession applies post the 2018 amendment.
- Whether the petitioner’s lack of arrest and joint family ownership of the property affect bail considerations.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- deemed possession
- liquor possession
- Bihar Prohibition and Excise Act
- joint family property
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79884 of 2025
Arising Out of PS. Case No.-413 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Dinesh Mukhiya Son of Jyotik Mukhiya Resident of Village- Harkaina Ward
No. 2, P.S.- Muffasil, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava
For the Opposite Party/s : Mr. Chandra Bhushan Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 19-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State Mr. Chandra Bhushan Prasad.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 50 litres of liquor from the house of the petitioner.
It is next submitted that petitioner was not arrested 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 the house or the liquor kept in the house was
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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
at the instance of local person but the name of the person who
disclosed the name of the petitioner is not disclosed in the FIR
which casts an aspersion on the case of the prosecution.
4. Learned A.P.P. for the State Mr. Chandra Bhushan
Prasad opposes the prayer for anticipatory bail of the petitioner.
5. 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 Court below
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 Muffasil
P.S. Case No413/2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
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concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification 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)
amit/-
U T
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