Patna High Court
Anirudh Mukhiya @ Anirudh Kumar MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
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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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