Patna High Court
Mukesh MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the conditions imposed.
Summary
Mukesh Mukhiya was implicated in a case alleging recovery of 18 litres of liquor from his motorcycle, invoking Sections 274, 275 and 3(5) of the BNS read with Section 30(a) of the Bihar Excise Act. He contended that he had a clean antecedent, was not in possession of the liquor, and was unaware that the vehicle would be misused. The State opposed his prayer for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds and two sureties, and that the trial court verify his criminal antecedent within six weeks. If any antecedent is discovered, the provisional bail will not be confirmed; otherwise it will be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the alleged possession of liquor in a vehicle he owned
- Whether ownership of the vehicle used in the alleged offence makes the petitioner liable
- Whether provisional anticipatory bail can be conditioned on verification of the petitioner’s criminal antecedent
Legislation cited
- Bihar Narcotic Substances (BNS) Act — s. 274, 275, 3(5)
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482(2) inherent powers
- vehicle ownership
- clean antecedent
- excise law
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1023 of 2026
Arising Out of PS. Case No.-80 Year-2025 Thana- Patauna District- Madhubani
======================================================
Mukesh Mukhiya S/o- Muneshwar Mukhiya Resident of Village- Sohans,
P.S.- Bisfi, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 274, 275
and 3(5) of the BNS read with Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 18 liters of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized
vehicle. It is next submitted that no prudent person would use
Patna High Court CR. MISC. No.1023 of 2026(2) dt.20-01-2026
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his own vehicle for committing an occurrence and thus would
create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
Ram Briksha Mahto would misuse the vehicle in the manner as
alleged.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 Patauna
P.S. Case No. 80 of 2025 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the 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
Patna High Court CR. MISC. No.1023 of 2026(2) dt.20-01-2026
3/3
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.
(Satyavrat Verma, J)
Rishabh/-
U T
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