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Patna High Court

Chhabila MukhiyaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to conditions and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Chhabila Mukhiya, sought anticipatory bail fearing arrest in a case registered under Sections 274 and 275 of the Bihar Non‑Statutory (BNS) Act and Section 30(a) of the Bihar Excise Act, relating to alleged recovery of 200 litres of liquor from the bank of the Tilaway river. The petitioner argued that he was not arrested at the spot, no liquor was found in his possession, and the alleged recovery occurred in a public area, questioning the basis of the prosecution’s case. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 10,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedent within six weeks. The order further stipulated that if more than two prior cases are found, the bail would not be confirmed; if only two are found, the provisional bail would be confirmed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in the pending excise case.
  • Whether the petitioner’s alleged lack of possession and the public nature of the alleged liquor recovery justify bail.

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • Section 482
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1787 of 2026
                  Arising Out of PS. Case No.-460 Year-2025 Thana- BANJARIA District- East Champaran
                 ======================================================
                 Chhabila Mukhiya S/O Ramayan Mukhiya R/O Village- Rohiniya ,P.S-
                 Banjariya ,District-East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vijay Shankar Shrivastava
                 For the Opposite Party/s :       Mr.Ramchandra Sahni
                 ======================================================
                 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 274 and

                   275 of BNS and Section 30(a) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 200 litres of liquor from bank of

                   Tilaway river.

                             4.    Learned counsel for the petitioner submits that the

                   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 public at large and he came to be implicated
Patna High Court CR. MISC. No.1787 of 2026(2) dt.22-01-2026
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          at the instance of Chowkidar but then it is submitted that if the

          Chowkidar was aware about 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. It is further 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.

                   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. 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 Banjariya P.S. Case

          No. 460 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
              Patna High Court CR. MISC. No.1787 of 2026(2) dt.22-01-2026
                                                          3/3




                        event if it is found that petitioner has antecedent of more than two

                        cases 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 anticipatory bail order shall not be

                        confirmed, but after verification if it is found that petitioner has

                        antecedent of two cases in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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