Bouwa Mukhiya @ Baua Mukhiya Vs The State of Bihar

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

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Bouwa Mukhiya @ Baua Mukhiya Son of Saryug Mukhiya Resident of Village- Laguniya, Ward No. 14, P.S.- Triveniganj, District- Supaul, StateBihar

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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

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2 19-01-2026

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1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

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

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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.

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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

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Patna High Court CR. MISC. No.830 of 2026(2) dt.19-01-2026 2/3

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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.

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

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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.

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It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the

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Patna High Court CR. MISC. No.830 of 2026(2) dt.19-01-2026 3/3

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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.

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(Satyavrat Verma, J)

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Sumit/-

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U T

Bouwa Mukhiya @ Baua Mukhiya v. The State of Bihar

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Bouwa Mukhiya @ Baua Mukhiya v. The State of Bihar

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