Patna High Court

Horil Mukhiya @ Hiril MukhiyaversusThe State of Bihar

Decided: 24 February 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail to the petitioners subject to bond, surety, and verification of antecedents.

Summary

Horil Mukhiya and Gauri Mukhiya sought relief from arrest in a case under Section 30(a) of the Bihar Excise Act alleging the recovery of 45 litres of liquor from a public riverbank. They argued they had no possession of the liquor, the alleged informant was not named in the FIR, and they possessed a clean criminal record. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that each petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify their antecedents within six weeks. If any antecedent is discovered, the provisional bail will not be confirmed; otherwise, it will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

Whether the petitioners are entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
Whether the lack of possession and non‑disclosure of the informant justify granting bail.
Whether the trial court should verify the petitioners' criminal antecedents before confirming bail.

Subjects

anticipatory bail
excise law
liquor seizure
clean antecedent
Section 30
Bihar Excise Act
Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11746 of 2026
                      Arising Out of PS. Case No.-537 Year-2025 Thana- BAHERA District- Darbhanga
                 ======================================================
           1.     Horil Mukhiya @ Hiril Mukhiya S/O Late Jangali Mukhiya Resident of
                  Village- Kalyanpur, P.S.- Bahera, Dist- Darbhanga
           2.    Gauri Mukhiya S/O Suraj Mukhiya Resident of Village- Kalyanpur, P.S.-
                 Bahera, Dist- Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Saurav Anand, Advocate
                 For the Opposite Party/s :       Ms. Sharda Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-02-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

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

                   Bihar Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and allegation is of

                   recovery of 45 liters of liquor from a place near bank of a river.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not apprehended from the spot as such nothing

                   was recovered from their conscious possession and even alleged

                   recovery is from a place which does not belong to the
Patna High Court CR. MISC. No.11746 of 2026(2) dt.24-02-2026
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          petitioners and is accessible to public at large and they came to

          be implicated at the instance of local person, but then the name

          of the person who disclosed the name of the petitioners is not

          disclosed in the FIR which casts an aspersion on the case of the

          prosecution.

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

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their 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) each 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 Bahera

          P.S. Case No. 537 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 petitioners and

          in the event if it is found that any of the petitioners have

          antecedent of even one case then it would be presumed that

          petitioners, for the purposes of seeking anticipatory bail, had
            Patna High Court CR. MISC. No.11746 of 2026(2) dt.24-02-2026
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                      concealed their antecedent before this Court, as such, the

                      provisional anticipatory bail order shall not be confirmed, but

                      after verification if it is found that petitioners are persons 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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