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Patna High Court

Anirudh Mukhiya @ Anirudh Kumar MukhiyaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail with conditions, subject to verification of the petitioner’s criminal antecedent.

Summary

Anirudh Mukhiya sought anticipatory bail after learning that he might be arrested under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act for the alleged recovery of 27.88 litres of liquor from a garden not in his possession. He argued that the allegation was based on a false complaint by a hostile chawkidar and that no material was seized from his conscious possession. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The order also directed verification of the petitioner’s criminal antecedent, stating that if more than two prior cases are found, the bail would not be confirmed; if only two, it would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act where the alleged offence involves recovery of liquor from a place not in the accused's possession.
  • Whether the petitioner’s prior criminal antecedent (more than two cases) should preclude the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 41(1)
  • criminal antecedent
  • Section 438 Cr.P.C.
  • Section 482 B.N.S.S.
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17299 of 2026
                   Arising Out of PS. Case No.-286 Year-2025 Thana- NAUTAN District- West Champaran
                 ======================================================
                 Anirudh Mukhiya @ Anirudh Kumar Mukhiya Son of Motilal Mukhiya R/o
                 Village - Shiwrajpur, P.S. - Nautan, Dist. - West Champaran.
                                                                               ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Niraj Kumar Sharma, Advocate
                 For the Opposite Party/s :       Mr. Nand Kishore Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-03-2026                  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 Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 27.88 litres of liquor from a garden.

                                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

                   and is accessible to villagers at large. It is further submitted that

                   petitioner came to be implicated at the instance of the

                   Chawkidar with whom he is on an inimical term. It is next
Patna High Court CR. MISC. No.17299 of 2026(2) dt.19-03-2026
                                            2/3




          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.10,000/- (Rupees Ten 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 Nautan P.S. Case No. 286 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.

                       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 two cases,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail
           Patna High Court CR. MISC. No.17299 of 2026(2) dt.19-03-2026
                                                       3/3




                     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 two cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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