Patna High Court
Nepali MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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;
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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
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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/-
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