Patna High Court
Mahendra MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
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
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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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