Patna High Court
Sandeep Mukhiya @ Nanaki Mukhiya @ J. C. B.versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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
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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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