Patna High Court
Shri Kusheshwar MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of antecedents.
Summary
The petitioners, Kusheshwar Mukhiya and Ramadhar Mukhiya, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act for alleged recovery of 51 litres of liquor from their jointly owned house. They argued they have clean antecedents, the liquor was not in their conscious possession, and the 2018 amendment to the Excise Act abolished the concept of deemed possession. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and conditioned on verification of the petitioners' criminal antecedents by the trial court. If any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where alleged possession is in a joint family property and the accused claim no conscious possession.
- Whether the 2018 amendment removing deemed possession affects the applicability of anticipatory bail.
Subjects
- anticipatory bail
- excise law
- possession
- joint family property
- clean antecedent
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90897 of 2025
Arising Out of PS. Case No.-85 Year-2025 Thana- SHIVAJINAGAR District- Samastipur
======================================================
1. Shri Kusheshwar Mukhiya S/O Late Shri Narayan Mukhiya R/O village-
Ghiwahi, Police Station- Shivajinagar, District- Samastipur.
2. Ramadhar Mukhiya S/O Upendra Mukhiya @ Gultan Mukhiya R/O village-
Ghiwahi, Police Station- Shivajinagar, District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-01-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 51 liters of liquor from house of the petitioners as
recorded in the FIR
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and the house in
Patna High Court CR. MISC. No.90897 of 2025(2) dt.12-01-2026
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question is a joint family property, as such, it cannot 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. It is also submitted that 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 based on secret information which is the easiest
way to implicate someone without holding a proper
investigation when petitioners admittedly are persons with clean
antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. 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 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) 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
Shivajinagar P.S. Case No. 85 of 2025 subject to the conditions
as laid down under Section 482 (2) of the BNSS.
Patna High Court CR. MISC. No.90897 of 2025(2) dt.12-01-2026
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7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioners and
in the event if it is found that any of the petitioners have
antecedent of even one case then it would be presumed that
petitioners, for the purposes of seeking anticipatory bail, had
concealed their antecedent before this Court, as such, the
provisional anticipatory bail order shall not be confirmed, but
after verification if it is found that petitioners are persons with
clean antecedent, in that event the provisional anticipatory bail
order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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