Patna High Court
Sitaram Mukhiya @ Sitaram Khimukhiya @ Sipiya @ Sita MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of antecedents.
Summary
The petitioner, Sitaram Mukhiya, applied for anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act alleging possession of 157.5 litres of liquor at his joint family house. He argued that he was not arrested on the spot, the liquor was not in his conscious possession, and the concept of deemed possession had been removed by the 2018 amendment. The State opposed the bail, contending the petitioner was implicated. The High Court, considering the submissions, granted provisional anticipatory bail on a bond of Rs.15,000 with two sureties, subject to Section 482(2) of the Criminal Procedure Code and verification of his criminal antecedents. The order stipulated that if more than three prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed. The application was allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the removal of the deemed possession concept post‑2018 amendment affects the charge.
- Whether the petitioner’s prior criminal antecedents disqualify him from anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- joint family property
- Section 30
- Section 482
- bail bond
- prior convictions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87935 of 2025
Arising Out of PS. Case No.-511 Year-2025 Thana- BATHNAHA District- Sitamarhi
======================================================
Sitaram Mukhiya @ Sitaram Khimukhiya @ Sipiya @ Sita Mukhiya Son of
Shree Ganesh Mukhiya Resident of Village - Bathnaha, Pashchhim Tola,
Ward No.- 12, P.S.- Bathnaha, Dist.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dwij Raj, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 31-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of three cases under the Excise Act
and allegation is of recovery of 157.5 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
Patna High Court CR. MISC. No.87935 of 2025(3) dt.31-01-2026
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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 and he came to be implicated at the instant of local person
but then it is submitted that once an accused is implicated in a
case relating to excise, the police starts implicating
mechanically either at the instance of Chowkidar, local person,
confessional statement or secret information without holding a
proper investigation.
4. Learned A.P.P. opposes the anticipatory bail
application.
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, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of learned Court of
Exclusive Special Judge Excise, Court No.I, Sitamarhi in
connection with Bathnaha P.S. Case No.511 of 2025, subject to
the conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
Patna High Court CR. MISC. No.87935 of 2025(3) dt.31-01-2026
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7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedents of more than three cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedents of only three cases, 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.5,000/- with Lawyers’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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