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Patna High Court

Surendra MukhiyaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with the conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Surendra Mukhiya, sought anticipatory bail after fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of six litres of liquor from a bamboo orchard. He argued that he has a clean antecedent, that the alleged liquor was not found in his possession, and that the alleged recovery occurred on land not owned by him, making the accusation baseless. The State opposed the bail, contending that the offence is non-bailable and that the petitioner could flee. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his antecedents. The order was made under Section 482(2) of the B.N.S.S., with a proviso that if any prior case is discovered, the bail would not be confirmed. The trial court was directed to confirm the bail if the petitioner is found to have no criminal antecedent.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s clean antecedent and lack of possession of the alleged liquor justify provisional anticipatory bail.
  • Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • Section 482
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13583 of 2026
                   Arising Out of PS. Case No.-508 Year-2025 Thana- NAUTAN District- West Champaran
                 ======================================================
                 Surendra Mukhiya Son of Kanchan Mukhiya Resident of Village- Shayampur,
                 P.S.- Nautan, District- West Champaran
                                                                         ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Gupta, Adv.
                 For the Opposite Party/s :       Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-03-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State Mr. Rabindra Kumar.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 6 litres of liquor from a bamboo orchard. 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 based on secret information which is the easiest way to

                   implicate someone without holding a proper investigation, when

                   petitioner admittedly is a person with clean antecedent.

                                4. Learned A.P.P. for the State opposes the prayer for
             Patna High Court CR. MISC. No.13583 of 2026(2) dt.12-03-2026
                                                         2/2




                       anticipatory bail of the petitioner.

                                    5. Considering the submissions made by the learned

                       counsel for the petitioner, 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.500/- (Rupees five hundred) 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 Nautan P.S.

                       Case No.508/2025, subject to the conditions as laid down under

                       Section 482(2) of the B.N.S.S.

                                    6. It is made clear that the learned trial court thereafter

                       shall verify the criminal antecedents of the petitioner and in the

                       event if it is found that petitioner has antecedent of even one case,

                       in that event, it would be presumed that petitioner had concealed

                       his antecedent before this court, as such, the 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)
amit/-

U        T


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