Bhagirath Mukhiya Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Bhagirath Mukhiya Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Provisional anticipatory bail: upon arrest or surrender within six weeks, release on bail bonds of Rs.500/- with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/Successor Court, subject to conditions under Section 438(2) Cr.P.C./482(2) B.N.S.S.; confirmation contingent on Trial Court verification of criminal antecedents.

Issue for consideration

Whether the petitioner, apprehending arrest in Benipatti Excise P.S. Case No. 28 of 2026 registered for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, should be released on anticipatory bail.

Court's answer

Provisional anticipatory bail granted: in the event of arrest or surrender within six weeks, the petitioner is to be released on bail bonds of Rs.500/- with two sureties of the like amount each, to the satisfaction of the learned Trial Court where the case is pending/Successor Court, subject to the conditions under Section 438(2) Cr.P.C./482(2) B.N.S.S.

Ratio / Principle

The Trial Court shall verify the petitioner's criminal antecedents; if antecedent of even one case is found, it will be presumed the petitioner concealed his antecedents at para 3 of the anticipatory bail application and the provisional anticipatory bail order shall not be confirmed.

Key takeaways

If verification shows the petitioner is a person with clean antecedents, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶22

Detailed headnote1 paragraphs

Anticipatory bail - Bihar Prohibition and Excise Act, 2016, S. 30(a) - Petitioner apprehending arrest in Benipatti Excise P.S. Case No. 28 of 2026 (alleged recovery of 270 litres of liquor from two motorcycles); claimed clean antecedents, absence from the spot, and implication solely on the custodial confessional statement of Devendra Paswan - Held: provisional anticipatory bail granted; petitioner, if arrested or surrendering within six weeks, to be released on bail bonds of Rs.500/- with two sureties of the like amount each, subject to conditions under S. 438(2) Cr.P.C./482(2) B.N.S.S. - Trial Court to verify criminal antecedents; if even one case found, concealment presumed and provisional order not to be confirmed; if clean antecedents verified, order to be confirmed forthwith. (Satyavrat Verma, J.)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18875 of 2026

Arising Out of PS. Case No.-28 Year-2026 Thana- Excise Benipatti District- Madhubani

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Bhagirath Mukhiya S/o Udagar Mukhiya R/o village - Sarisav, P.S. - Benipatti, District - Madhubani

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravi Prakash, Advocate For the Opposite Party/s : Mr. Suresh Prasad Singh, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 26-03-2026

Heard learned counsel for the petitioner and

learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 270 litres of liquor from two motorcycles.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that petitioner is not the owner of any of the seized vehicles and came to be implicated based on the confessional statement of Devendra Paswan in police custody which does not have any evidentiary value in the eye of law. It is next submitted that after

Patna High Court CR. MISC. No.18875 of 2026(2) dt.26-03-2026 2/3

amendment in the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been done away with and petitioner is a person with clean antecedent.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, let 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.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 Benipatti Excise P.S. Case No. 28 of 2026, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

However, it is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of even one case, it would be presumed that petitioner had concealed his antecedent before this Court at para 3 of the anticipatory bail application in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that

Patna High Court CR. MISC. No.18875 of 2026(2) dt.26-03-2026 3/3

petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J)

Kundan/-

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