Patna High Court
Lalan MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedent and compliance with the conditions prescribed under Section 482(2) of the BNSS.
Summary
The petitioner, Lalan Mukhiya, sought anticipatory bail after a FIR was lodged under Sections 30(a) and 41 of the Bihar Excise Act for alleged recovery of 25 litres of liquor from a public riverbank. He argued that he has a clean antecedent, the liquor was not in his conscious possession, and the complaint originated from a watchman who failed to inform police earlier. The State opposed the bail, contending the seriousness of the offences. The Court granted provisional anticipatory bail on the condition of a Rs.500 bond with two sureties, subject to verification of the petitioner’s criminal antecedent by the trial court. It further directed that if any antecedent is discovered, the bail would not be confirmed; otherwise, the provisional order would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the FIR under the Bihar Excise Act.
- Whether the lack of possession and the public nature of the alleged location justify granting bail.
- Whether verification of the petitioner’s criminal antecedent is a condition for confirming anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 482
- clean antecedent
- provisional bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1696 of 2026
Arising Out of PS. Case No.-53 Year-2025 Thana- BANJARIA District- East Champaran
======================================================
Lalan Mukhiya Son of Bachi Mukhiya@Bachu Mukhiya Resident of Village-
Chichurahiya, P.S.- Banjariya, District- East Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-01-2026 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 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 25 liters of liquor from bank of Tilwa river.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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 public at large and he came to be implicated
at the instance of Chowkidar, but then it is submitted that if
Patna High Court CR. MISC. No.1696 of 2026(2) dt.22-01-2026
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Chowkidar was aware of the involvement 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.
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, the petitioner above-named, in the
event of his arrest or surrender before the learned Trial Court
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 Banjariya
P.S. Case No. 53 of 2025 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of even
one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
Patna High Court CR. MISC. No.1696 of 2026(2) dt.22-01-2026
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anticipatory bail order shall not be confirmed, but after
verification if 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)
Rishabh/-
U T
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