Patna High Court
Akshay Mukhiya @ Akshay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail may be granted subject to conditions and verification of the petitioner's antecedent.
Summary
The petitioner, Akshay Mukhiya, applied for anticipatory bail anticipating arrest in a case under Section 30(a) of the Excise Act for allegedly recovering 81.545 litres of liquor from a motorcycle. He argued that he was not in possession of the seized vehicle, was not the owner, and that the police relied on a watchman's information without proper investigation. The State opposed the bail, contending the seriousness of the offence and the petitioner's prior two excise cases. The Court, applying Section 438(2) of the Criminal Procedure Code, granted provisional anticipatory bail on condition of a Rs.10,000 bond with two sureties, subject to verification of his criminal antecedent. The order stipulated that if more than two prior cases are found, the bail would be revoked; otherwise, it would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438(2) of the Cr.P.C. in a case under Section 30(a) of the Excise Act.
- Whether the petitioner's prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30
- Criminal Procedure Code
- Section 438
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12801 of 2026
Arising Out of PS. Case No.-264 Year-2025 Thana- BAIRIYA District- West Champaran
======================================================
Akshay Mukhiya @ Akshay Kumar Son of Vikram Mukhiya @ Vikram Bin
R/o Vill. - Bairiya Parsauni, Ward no. 10, P.S. - Nautan, Distt. - West
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gyan Prakash
For the Opposite Party/s : Mr.Sangeeta Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-03-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of two cases under the Excise cases
and allegation is of recovery of 81.545 litres of liquor from a
motorcycle.
4. The learned counsel for the petitioner submits 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
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of Chaukidar, but then, it is submitted that if Chaukidar was
aware of the involvement of the petitioner in the occurrence,
then why he did not inform the police prior to institution of the
present F.I.R., which casts an aspersion on the case of the
prosecution. It is next submitted that police in majority of cases
implicating innocent persons either at the behest of Chaukidar,
local person, secret information and confessional statement in a
mechanical manner without holding a proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. 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-bonds in the
sum of Rs.10,000/- (Rupees Ten Thousand) 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 Bairiya P. S. Case No.264 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
It is made clear that the learned trial Court after
Patna High Court CR. MISC. No.12801 of 2026(2) dt.09-03-2026
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accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than two cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his 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 two cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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