Patna High Court
Raju MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act — s. 274, 275, 482(2)
- Excise Act — s. 30(a)
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
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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
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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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