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Patna High Court

Raju MukhiyaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, granting provisional bail subject to conditions.

Summary

Raju Mukhiya applied for anticipatory bail anticipating arrest under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act for alleged recovery of large quantities of liquor. He argued that he was not arrested on the spot, no liquor was found in his possession, and the alleged recovery took place at a public location, raising doubts about the prosecution’s case. The State opposed the bail. The Court examined the lack of immediate possession, the petitioner’s three prior cases, and the possibility that he might have concealed his antecedents. It granted provisional anticipatory bail on a bond of Rs 15,000 with two sureties, subject to verification of his criminal antecedents under Section 482(2) of the BNSS and the condition that bail would be cancelled if more than three prior cases are discovered. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged offences under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail
  • Whether the circumstances of alleged recovery from a public place justify the release on bail

Legislation cited

Subjects

  • anticipatory bail
  • bail bond
  • Section 274
  • Section 275
  • Excise Act
  • Section 482
  • criminal antecedent
  • provisional bail
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18200 of 2026
                  Arising Out of PS. Case No.-28 Year-2026 Thana- CHANPATIA District- West Champaran
                 ======================================================
                 Raju Mukhiya S/o Rudal Mukhiya R/o Village - Basantpur, P.S - Sathi,
                 District - West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Umesh Kumar Gupta
                 For the Opposite Party/s :       Mr.Nawal Kishore Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   25-03-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 274 and 275 of the B.N.S. and Section 30(a) of the

                   Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of three cases out of which one

                   case is under the Excise Act and allegation is of recovery of 84

                   litres of liquor from a place near bank of a river and 9000 litres

                   of semi-manufactured liquor.

                                4. The 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 alleged
Patna High Court CR. MISC. No.18200 of 2026(2) dt.25-03-2026
                                            2/3




          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 Chaukidar, but then, it is submitted that if

          Chaukidar was aware of the involvement of the petitioners in

          the occurrence, then why he did not inform the police prior to

          institution of the present F.I.R., which casts an aspersion on the

          case of the prosecution. It is next submitted that police in

          majority of cases implicating innocent persons either at the

          behest of Chaukidar, local person, secret information and

          confessional statement in a mechanical manner without holding

          a proper investigation.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.15,000/- (Rupees Fifteen 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 Chanpatia P. S. Case No.28 of 2026, subject to the
               Patna High Court CR. MISC. No.18200 of 2026(2) dt.25-03-2026
                                                           3/3




                         conditions laid down under Section 482(2) of the BNSS.

                                      7. The application stands allowed.

                                      8. It is made clear that the learned trial Court after

                         accepting the provisional bail bonds of the petitioner shall verify

                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of more than three cases,

                         then it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of three cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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