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Patna High Court

Nepali MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to monetary and procedural conditions.

Summary

The petitioner, Nepali Mukhiya, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 after a raid recovered 315 litres of Nepali liquor from bushes behind his house. The recovery was not from his conscious possession or from within his dwelling, and the only link to the petitioner was a prior similar criminal antecedent. He applied for anticipatory bail, arguing that the evidence did not establish his possession and that the case was premised solely on his past record. The State opposed the bail, but the High Court, after considering the facts, granted anticipatory bail subject to a cash bond of Rs 10,000 with two sureties and several conditions regarding attendance, verification of antecedents, and possible cancellation. The order also stipulated that any observations made would not affect the trial. The bail was to be effected within four weeks of the order’s receipt.

Issues considered

  • Whether anticipatory bail should be granted when the alleged contraband is recovered from an open area behind the accused’s house and not from his possession
  • Whether a prior similar criminal antecedent alone justifies denial of bail under the Bihar Prohibition and Excise Act, 2018

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • possession
  • criminal antecedent
  • bail conditions
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11132 of 2026

                      Arising Out of PS. Case No.-478 Year-2025 Thana- SURSAND District- Sitamarhi
                 ======================================================
                 Nepali Mukhiya Son of Ramashray Mukhiya R/V- Sursand Ward No. 11, P.S,-
                 Sursand, Dist- Sitamarhi


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


                                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :        Mr. Gauri Shankar Gupta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                                   ORAL ORDER


2   17-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 The petitioner seeks bail in anticipation of his arrest in

                   connection with Sursand P.S. Case No. 478 of 2025 instituted

                   for the offences punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act, 2018.

                                 As per the prosecution case, a raid was conducted and

                   315 liters of Nepali liquor was recovered from the bushes

                   behind the house of the petitioner.
Patna High Court CR. MISC. No.11132 of 2026(2) dt.17-02-2026
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                       Learned counsel for the petitioner submits that

          admittedly the recovery is said to be from behind the house of

          the petitioner from the bushes which is an open space accessible

          by all. It has further been submitted that no recovery has been

          made either from the conscious possession of the petitioner or

          from his house and only because the petitioner has one criminal

          antecedent of similar nature, he has been implicated in this case.

                       Learned APP appearing on behalf of the State has

          vehemently opposed the prayer for anticipatory bail.

                       Considering the facts aforesaid, the petitioner is

          directed to be released on bail, in the event of his arrest or

          surrender before the court below within a period of four weeks

          from the date of receipt/production of a copy of this order, on

          his furnishing bail bonds in the sum of Rs. 10,000/- (Ten

          Thousand) each with two sureties of the like amount each to the

          satisfaction of the learned Special Judge, Exclusive Special

          Excise Court-II, Sitamarhi in connection with Sursand P.S. Case

          No. 478 of 2025, subject to the conditions as laid down under

          Section 482 of the BNSS and subject to the following

          conditions:-

                       (i) One of the bailors will be a close relative of the

          petitioner;
Patna High Court CR. MISC. No.11132 of 2026(2) dt.17-02-2026
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                       (ii) the petitioner will remain present on each and

          every date fixed by the Court below, if so required by the

          learned Trial Court;

                       (iii) in case of absence on two consecutive dates or in

          violation of the terms of the bail, the bail bonds of the petitioner

          will liable to be cancelled by the Court concerned;

                       (iv) the Court below shall verify the criminal

          antecedent of the petitioner and in case at any stage, it is found

          that the petitioner has concealed his criminal antecedent, the

          court below shall take step for cancellation of bail bonds of the

          petitioner. However, the acceptance of bail bonds in terms of the

          above mentioned order shall not be delayed for purpose of the

          same on in the name of verification.

                       (v) the Court below shall verify the criminal

          antecedent of the petitioners except in the case mentioned in

          para-3 of the petition, registered for the offence under Section

          30A of the Bihar Prohibition and Excise Act and, in case at any

          stage it is found that the petitioner has concealed his criminal

          antecedent, the court below shall take step for cancellation of

          bail bonds of the petitioner. However, the acceptance of bail

          bonds in terms of the above mentioned order shall not be

          delayed for the purpose of the same or in the name of
            Patna High Court CR. MISC. No.11132 of 2026(2) dt.17-02-2026
                                                        4/4




                      verification.

                                   It is made clear that the observations, if any, made in

                      this order, shall be of no bearing during the trial.



                                               (Sourendra Pandey, J)
krishna/-

U       T


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