Patna High Court
Mukurdhan NutversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to a bond and verification of criminal antecedents, with confirmation contingent on the antecedent limits.
Summary
The petitioners, Mukurdhan and Soni Devi, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 102 litres of liquor and 100 litres of semi‑fermented liquor from a public pond. They contended that no conscious possession was established, the liquor was not recovered from their premises, and that the police had mechanically implicated them despite their prior excise cases. They applied for anticipatory bail, while the State opposed the relief. The High Court granted provisional anticipatory bail conditioned on furnishing a bail bond of Rs.20,000 with two sureties and directed verification of their criminal antecedents. The order further stipulated that if the petitioners' antecedents exceed the specified limits, the bail would not be confirmed; otherwise, the provisional bail would be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioners' prior criminal antecedents affect the grant of anticipatory bail.
- What conditions may be imposed on anticipatory bail in such excise matters.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- criminal antecedent
- excise offence
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15982 of 2026
Arising Out of PS. Case No.-358 Year-2025 Thana- DORIGANJ District- Saran
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1. Mukurdhan Nut S/o Lullha Nut R/o Village - Musepur Nut Toli, P.S -
Doriganj, District - Saran at Chapra
2. Soni Devi W/o Ghathu Nut R/o Village - Musepur Nut Toli, P.S - Doriganj,
District - Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok
For the Opposite Party/s : Ms. Indu Kumari Srivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no.1 has antecedent of four cases under the Excise Act
and petitioner no.2 has antecedent of two cases under the Excise
Act and is a woman and allegation is of recovery of 102 litres of
liquor along with 100 litres of semi fermented liquor from a
place near a pond. It is next submitted that petitioners were not
arrested from the spot as such nothing was recovered from their
Patna High Court CR. MISC. No.15982 of 2026(3) dt.06-04-2026
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conscious possession and even alleged recovery is from a place
which does not belong to the petitioners but then is accessible to
villagers at large and they came to be implicated at the instance
of local people. It is also submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.20,000/- (Rupees twenty thousand)
each 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 Doriganj P.S. Case No.358/2025,
subject to the conditions as laid down under Section 482(2) of
the B.N.S.S.
6. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
Patna High Court CR. MISC. No.15982 of 2026(3) dt.06-04-2026
3/3
and in the event if it is found that petitioner no.1 has antecedent
of more than four cases and petitioner no.2 has antecedent of
more than two cases, in that event, it would be presumed that
petitioners had concealed their antecedent before this court, as
such, the provisional anticipatory bail order shall not be
confirmed with respect to those petitioners whose criminal
antecedent does not tally but if after verification the criminal
antecedent as recorded hereinabove tallies with the petitioners in
that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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