IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18431 of 2026 Arising Out of PS. Case No.-81 Year-2026 Thana- BIRAUL District- Darbhanga ====================================================== Anil Mukhiya S/o Gujaya Mukhiya Resident of village - Ramnagar Ward no. 9, P.S - Biraul, District - Darbhanga ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms.Mili Kumari For the Opposite Party/s : Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 01-04-2026 1. Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act. 3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case under the Excise Act and allegation is of recovery of 22 litres of liquor from courtyard of house of Masudan Ram. 4. The learned counsel for the petitioner submits 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 petitioner has no concern or relation with Madhusudan and Patna High Court CR. MISC. No.18431 of 2026(2) dt.01-04-2026 2/3 he came to be implicated based on confessional statement of Madhusudan in police custody, which does not have any evidentiary value. It is next submitted that after Amendment in the Excise Act, 2018, the concept of deemed possession and presumed offender has been done away with. 5. Learned A.P.P. opposes the anticipatory bail application. 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 Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on his furnishing bail-bonds in the sum of Rs.5,000/- (Rupees Five 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 Biraul P. S. Case No.81 of 2026, subject to the conditions laid down under Section 438(2) of the Cr.P.C. 7. The application stands allowed. 8. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than one case, then Patna High Court CR. MISC. No.18431 of 2026(2) dt.01-04-2026 3/3 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 antecedent of one case only, in that event, the provisional anticipatory bail order shall be confirmed forthwith. vikash/- (Satyavrat Verma, J) U T