Patna High Court
Lalbabu Mukhiya @ Lalbabu@ Lla Babu MakhiyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bail bonds and verification of antecedents, with confirmation contingent on the findings.
Summary
Petitioners Lalbabu Mukhiya and Sanjay Mukhiya applied for anticipatory bail fearing arrest in a case under Sections 274 and 275 of the B.N.S., 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. They contended that the alleged seizure of 325 litres of liquor and 4,000 litres of Mahua Paas occurred at a location not belonging to them and that they were implicated by a hostile chowkidar without any material possession. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on the filing of bail bonds of Rs.5,000 each and verification of the petitioners' criminal antecedents. It directed that if the antecedent checks reveal undisclosed prior cases, the bail would not be confirmed; otherwise, the provisional bail would be confirmed. The order was issued under Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in the pending excise case.
- Whether the alleged recovery of liquor and Mahua Paas establishes sufficient grounds for arrest.
- Whether the petitioners' criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S., 2023 — s. 274, 275
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 274
- Section 275
- Section 30(a)
- provisional bail
- criminal antecedent
- police investigation
- chowkidar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14875 of 2026
Arising Out of PS. Case No.-528 Year-2025 Thana- KESARIA District- East Champaran
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1. Lalbabu Mukhiya @ Lalbabu@ Lla Babu Makhiy S/o Dawarika Mukhiya
Resident of Village- Bankat Mafi, P.S.- Kesariya, District- East Champaran,
Bihar- 845424
2. Sanjay Mukhiya S/o Dwarika Mukhiya Resident of Village- Bankat Mafi,
Bankatwa, P.S.- Kesariya, District- East Champaran, Bihar- 845424
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisu Zzoha, Advocate
For the Opposite Party/s : Ms. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. Petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 274 and
275 of B.N.S., 2023 as well as Section 30(a) of Bihar
Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioners submits that
petitioner no.1 has antecedent of one case under the Excise Act
and petitioner no.2 is a person with clean antecedent and
allegation is of recovery of 325 litres of liquor along with 4000
litres of Mahua Paas from a kiln near bank of Sumauti river. It is
next submitted that petitioners were not arrested from the spot,
as such, nothing was recovered from their conscious possession
Patna High Court CR. MISC. No.14875 of 2026(2) dt.13-03-2026
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and even alleged recovery is from a place which does not
belong to the petitioners and they came to be implicated at the
instance of Chowkidar with whom they are on inimical term. It
is also submitted that if Chowkidar was aware of the
involvement of the petitioners in the occurrence they why he did
not inform the police prior to institution of the instant 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 starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation. It is next submitted that it appears that the
Chowkidar in order to save the real culprit falsely implicated the
petitioners.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs.5,000/- (Rupees Five Thousand) each with two
Patna High Court CR. MISC. No.14875 of 2026(2) dt.13-03-2026
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sureties of the like amount each to the satisfaction of learned
Exclusive Special Excise Court No.3, East Champaran at
Motihari in connection with Kesariya P.S. Case No.528 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 bonds of the petitioners shall
verify the criminal antecedent of the petitioners and in the event,
if it is found that petitioner no.1 has antecedent of more than
one case and petitioner no.2 has antecedent of even one case,
then it would be presumed that petitioners for the purposes of
obtaining anticipatory bail had concealed their 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 no.1 has antecedent of
only one case and petitioner no.2 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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