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Patna High Court

Mahendra MukhiyaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent and conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Mahendra Mukhiya, applied for anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that he was not in possession of the seized liquor and was not the owner of the vehicle involved. The petitioner argued that the police had mechanically implicated him without a proper investigation, despite his having a prior case under the Excise Act. The State opposed the bail, contending that the petitioner was involved in the alleged offence. The High Court, after considering the submissions, directed the petitioner to be released on provisional anticipatory bail upon furnishing a bail bond of Rs.5,000 with two sureties, subject to Section 482(2) of the B.N.S.S. and verification of his criminal antecedent. The court clarified that if more than one prior case is found, the provisional bail will not be confirmed; if only one prior case is found, the bail will be confirmed. The application was therefore allowed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioner’s prior criminal antecedent disqualifies him from obtaining anticipatory bail.
  • What conditions should be imposed on the provisional anticipatory bail pending verification of antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30(a)
  • provisional bail
  • criminal antecedent
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12002 of 2026
                      Arising Out of PS. Case No.-203 Year-2025 Thana- BHAPTIAHI District- Supaul
                 ======================================================
                 Mahendra Mukhiya S/o Kant Lal Mukhiya R/o Village- Simri Ward No.02,
                 P.S- Bhaptiyahi (Bhaptai Sarai), Dist- Supaul.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjeev Verma, Advocate
                 For the Opposite Party/s :       Mr. Md. Nazir Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

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

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 324 litres of liquor from a car. It is

                   next submitted that petitioner was not arrested from the spot, as

                   such, nothing was recovered from his conscious possession and

                   is not the owner of the seized vehicle and he came to be

                   implicated at the instance of local person but then it is submitted

                   that once an accused is implicated in a case relating to excise,

                   the police starts implicating mechanically either at the instance
Patna High Court CR. MISC. No.12002 of 2026(2) dt.24-02-2026
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          of Chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. 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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.5000/- (Rupees Five Thousand) with two sureties of

          the like amount each to the satisfaction of learned Exclusive

          Special Excise Court/Judge-I, Supaul in connection with

          Bhaptiyahi P.S. Case No.203 of 2025, subject to the conditions

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

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner shall verify

          the criminal antecedent of the petitioner and in the evenHeard

          learned counsel for the petitioner and learned APP for the

          State.t, if it is found that petitioner has antecedent of more than

          one case, then it would be presumed that petitioner for the

          purposes of obtaining anticipatory bail had concealed his
               Patna High Court CR. MISC. No.12002 of 2026(2) dt.24-02-2026
                                                           3/3




                         antecedent before this Court, in that event, the present

                         provisional anticipatory bail order shall not be confirmed, but if

                         on verification, it is found that petitioner has antecedent of only

                         one case, in that event, the provisional anticipatory bail order

                         shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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