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Patna High Court

Muktinath GiriversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his antecedents.

Summary

Muktinath Giri, the owner of a Tata Magic vehicle, was implicated in a case alleging the recovery of 145.755 litres of liquor from his vehicle under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He was not arrested at the spot and did not have the liquor in his conscious possession; the allegation rests solely on his ownership of the vehicle. Giri asserted that he had a clean antecedent and was unaware that a person named Manjit would misuse his vehicle. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail for six weeks, subject to a bail bond of Rs.500 and two sureties of the same amount, and directed the trial court to verify his antecedents before confirming the bail. If any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner under Section 482(2) of the B.N.S.S. in light of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016?

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482(2)
  • liquor seizure
  • vehicle ownership
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10299 of 2026
                       Arising Out of PS. Case No.-104 Year-2021 Thana- MAIRWAN District- Siwan
                 ======================================================
                 Muktinath Giri Son of Kripanath Giri Resident of Village- Math Baulia, P.S.-
                 Bankata, District- Deoria (U.P.)

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhananjay Kumar Shahi
                 For the Opposite Party/s :       Mr. Sanjay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   16-03-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 145.755 litres of liquor from a Tata Magic vehicle.

                   It is next submitted that petitioner was not arrested 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 his own vehicle for committing an occurrence and

                   thus would create evidence against himself and hence would get
Patna High Court CR. MISC. No.10299 of 2026(3) dt.16-03-2026
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          implicated and at the same time shall bring disrepute to his

          business. It is also submitted that the petitioner was completely

          unaware that Manjit would misuse his vehicle in the manner as

          alleged, who was also apprehended from the spot.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. 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.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 Mairwa P.S. Case No.104/2021, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. 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 even one

          case, 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 is a person with clean
             Patna High Court CR. MISC. No.10299 of 2026(3) dt.16-03-2026
                                                         3/3




                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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