Patna High Court
Dharmdeo MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to bail bond, sureties and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Dharmdeo Mukhiya, was implicated in a case under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly recovering 200 litres of liquor from a public ghat. He argued that he was not arrested on the spot, no liquor was found in his possession, and the accusation stemmed from a local informant whose identity was omitted from the FIR. The State opposed his application for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.35,000 with two sureties and conditioned the confirmation of bail on verification of the petitioner’s criminal antecedent (seven prior cases). If more than seven cases are found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. and Section 482(2) of the B.N.S.S.
- Whether the absence of seizure of liquor from the petitioner’s possession justifies granting bail
- Whether the petitioner’s prior criminal antecedent (seven cases) affects the grant of anticipatory bail
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- Bihar Prohibition and Excise Act
- Section 438 CrPC
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13080 of 2026
Arising Out of PS. Case No.-253 Year-2025 Thana- CHIRAIYA District- East Champaran
======================================================
Dharmdeo Mukhiya S/o Bishwanath Mukhiya Resident of Village- Hasuaha,
P.S.- Muffasil, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar Singh, Advocate
Mrs. Deepali Singh, Advocate
Mr. Kumar Vikram, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-03-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 30(a) and
41(1) of the Bihar Prohibition and Excise (Amendment) Act,
2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of seven cases under the Excise Act
and allegation is of recovery of 200 litres of liquor from
Sarsawa Ghat near the bank of a river.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.13080 of 2026(2) dt.10-03-2026
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and is accessible to villagers at large. It is next submitted that
petitioner came to be implicated at the instance of the local
person and Chawkidar but then the name of the person who
disclosed the name of the petitioner is not disclosed in the FIR
which casts an aspersion on the case of the prosecution. It is
also submitted that once an accused is implicated in a case
relating to excise the police start implicating mechanically either
at the instance of the Chawkidar, local person, secret
information or confessional statement without holding a proper
investigation of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner, above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.35,000/- (Rupees Thirty-five
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 Chiraiya P.S. Case
No. 253 of 2025, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
Patna High Court CR. MISC. No.13080 of 2026(2) dt.10-03-2026
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7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of more than seven
cases, it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only seven cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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