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Patna High Court

Bouwa Mukhiya @ Baua MukhiyaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to verification of antecedent and conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Bouwa Mukhiya, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 15 litres of liquor found in a room adjacent to his courtyard. He argued that he has a clean antecedent, that the liquor was not in his conscious possession, and that the house is a joint family property, making it uncertain whether he knew of the liquor. The State opposed his request for anticipatory bail. The High Court, considering the amendment removing the concept of deemed possession and the petitioner's claims, granted provisional anticipatory bail subject to a bond of Rs. 500 with two sureties and conditions under Section 482(2) of the BNSS. The order directs the trial court to verify the petitioner's criminal antecedent, confirming bail if none is found and revoking it if any antecedent emerges.

Issues considered

  • Whether anticipatory bail can be granted in a case of alleged possession of liquor under Section 30(a) of the Bihar Excise Act after the amendment removing deemed possession.
  • Whether the joint family nature of the property and lack of conscious possession negate the basis for arrest.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • possession
  • joint family property
  • Section 30
  • Section 482
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.830 of 2026
                    Arising Out of PS. Case No.-454 Year-2025 Thana- TRIVENIGANJ District- Supaul
                 ======================================================
                 Bouwa Mukhiya @ Baua Mukhiya Son of Saryug Mukhiya Resident of
                 Village- Laguniya, Ward No. 14, P.S.- Triveniganj, District- Supaul, State-
                 Bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Priya Raj
                 For the Opposite Party/s :      Mr.Syed Ehteshamuddin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-01-2026               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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 15 litres of liquor kept in a room beside the

                   courtyard of the petitioner’s house.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and after 2018

                   amendment in the Excise Act, the concept of deemed possession
Patna High Court CR. MISC. No.830 of 2026(2) dt.19-01-2026
                                            2/3




          and presumed offender has been done away with. It is next

          submitted that 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 within knowledge of the petitioner. It is further

          submitted that the room from which the liquor is alleged to have

          been recovered does not belong to the petitioner and he came to

          be implicated at the instance of Chowkidar with whom he is on

          an inimical term.

                   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, 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

          Triveniganj P.S. Case No. 454 of 2025, subject to the conditions

          as laid down under Section 482(2) of the BNSS.

                        It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the
              Patna High Court CR. MISC. No.830 of 2026(2) dt.19-01-2026
                                                          3/3




                        event if it is found that petitioner has antecedent of even one case

                        then it would be presumed that petitioner, for the purposes of

                        seeking anticipatory bail, had concealed his antecedent before this

                        Court, as such, the provisional anticipatory bail order shall not be

                        confirmed, but after verification if 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)
Sumit/-

U         T


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