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Patna High Court

Sandeep Mukhiya @ Nanaki Mukhiya @ J. C. B.versusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court allowed the anticipatory bail application, granting provisional bail subject to bond and verification of antecedent.

Summary

The petitioner, Sandeep Mukhiya, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 60.120 litres of liquor recovered from a public area in his village. He contended that he has a clean antecedent, was not in actual possession at the time of arrest, and was falsely implicated by a chowkidar to shield the real offender. The petitioner filed an anticipatory bail application, arguing that the recovery was from a place accessible to all villagers and that there was no direct evidence linking him to the liquor. The State opposed the bail, but the High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and verification of his criminal antecedent. The order stipulated that if any prior case is discovered, the bail would be revoked; otherwise, it would be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances alleged.
  • Whether the lack of direct possession and clean antecedent justify granting bail.
  • Whether the conditions imposed under Section 482(2) of the CrPC are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • liquor possession
  • clean antecedent
  • provisional bail
  • High Court
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12958 of 2026
                   Arising Out of PS. Case No.-252 Year-2025 Thana- BAIRIYA District- West Champaran
                 ======================================================
                 Sandeep Mukhiya @ Nanaki Mukhiya @ J. C. B. Son of Balkumar Mukhiya
                 R/o Village - Laukariya, Police - Station - Bairiya, District - West Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sachida Nand Rai, Advocate
                 For the Opposite Party/s :       Ms. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-03-2026                  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 Sections 30(a) of Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 60.120 litres of liquor from village Laukariya

                   Dhuniya Tola. It is next submitted that petitioner was not

                   arrested from the spot, as such, nothing was recovered from his

                   conscious possession and even alleged recovery is from a place

                   which does not belong to the petitioner and is accessible to

                   villagers at large and he came to be implicated at the instance of

                   Chowkidar but then if Chowkidar was aware of the involvement
Patna High Court CR. MISC. No.12958 of 2026(2) dt.10-03-2026
                                            2/3




          of the petitioner in the occurrence then why he did not inform

          the police prior to institution of the instant FIR, which casts an

          aspersion on the case of the prosecution, when petitioner

          admittedly is a person with clean antecedent. It is also submitted

          that it appears that the Chowkidar in order to save the real

          culprit falsely implicated the petitioner.

                       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.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned Special Judge

          (Excise), 1st, Bettiah, West Champaran in connection with

          Bairiya P.S. Case No.252 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 event, if it is
               Patna High Court CR. MISC. No.12958 of 2026(2) dt.10-03-2026
                                                           3/3




                         found that petitioner has antecedent of even one case, 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 is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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