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Satyanarayan Mukhiya @ Footballiya v. The State of Bihar

Patna HC9 Mar 2026CR. MISC./12297/2026

Case brief

AI extract

What is this about?

Anticipatory bail application in an excise case alleging recovery of 148.7 litres of liquor from a mustard field not belonging to the petitioner. Court granted provisional anticipatory bail for six weeks, subject to trial court verification of antecedents before confirmation.

What did the court decide?

Provisional anticipatory bail on Rs.10,000 bond with two like sureties within six weeks, subject to Section 482(2) BNSS conditions.

Satyanarayan Mukhiya @ Footballiya Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2026)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12297 of 2026

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Arising Out of PS. Case No.-1 Year-2026 Thana- SHIVAJINAGAR District- Samastipur

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======================================================

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Satyanarayan Mukhiya @ Footballiya S/O Badri Mukhiya R/V- Khanpur Belhar, P.S- Shivajinagar, Distt.- Samastipur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar, Adv. For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 09-03-2026

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

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Learned counsel for the petitioner submits that petitioner has antecedent of two cases under the Excise Act and allegation is of recovery of 148.7 litres of liquor from a mustard field. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and is accessible to villagers at large and he came to be implicated based on confessional statement of Mandip in police custody which does not have any

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Patna High Court CR. MISC. No.12297 of 2026(2) dt.09-03-2026 2/3

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evidentiary value. 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. It is also submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either through chowkidar, local person, confessional statement or secret information without holding a proper investigation.

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Learned A.P.P. for the State Mr. Chandra Bhushan Prasad opposes the prayer for anticipatory bail of the petitioner.

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Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) 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.01/2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

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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 more than

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Patna High Court CR. MISC. No.12297 of 2026(2) dt.09-03-2026 3/3

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two cases, in that event, it would be presumed that petitioner had 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 has antecedent of two cases, in that event the provisional anticipatory bail order shall be confirmed forthwith.

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(Satyavrat Verma, J)

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amit/-

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U T

Satyanarayan Mukhiya @ Footballiya v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Satyanarayan Mukhiya @ Footballiya v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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