Patna High Court
BINOD MUKHIYAversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted, subject to verification of the petitioner’s criminal antecedents, with the order to be confirmed if antecedents are limited to two cases.
Summary
The petitioner, Binod Mukhiya, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act for alleged recovery of 200 litres of liquor and 100 litres of semi‑prepared liquor from a public riverbank. He claimed the liquor was not in his possession and the recovery site did not belong to him, asserting that the case was based on secret information not disclosed in the FIR. The petitioner admitted an antecedent of two prior cases but mistakenly pleaded only one in his bail application. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a Rs.10,000 bond with two sureties, subject to verification of his criminal antecedents under Section 482(2) of the BNSS, and allowed rectification of the antecedent detail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act.
- Whether the alleged recovery of liquor from a public place justifies denial of bail.
- Whether the petitioner’s misstatement of his criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- criminal antecedent
- provisional bail
- Section 30
- Section 482
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21138 of 2026
Arising Out of PS. Case No.-419 Year-2025 Thana- CHIRAIYA District- East Champaran
======================================================
BINOD MUKHIYA S/o Bhikhari Mukhiya R/o vill - Hansuaaha, P.S.-
Muffasil, Motihari, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Vikram
For the Opposite Party/s : Mr.Pradeep Narain Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-04-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases out of which one case is
under the Excise Act, but then it is submitted that inadvertently
at para-3 of the anticipatory bail application, it has been pleaded
that petitioner has antecedent of one case. It is next submitted
that allegation is of recovery of 200 litres of liquor along with
100 litres of semi-prepared liquor from bank of Sarsawa river.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
Patna High Court CR. MISC. No.21138 of 2026(2) dt.01-04-2026
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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
at the instance of local people, but then the name of the person,
who disclosed the name of the petitioner, is not disclosed in the
FIR, which casts an aspersion on the case of the prosecution,
when petitioner has not been implicated based on secret
information.
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 Chiraiya P.S. Case No.
419 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
event if it is found that petitioner has antecedent of more than two
Patna High Court CR. MISC. No.21138 of 2026(2) dt.01-04-2026
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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.
8. Learned counsel for the petitioner is permitted to
make rectification with respect to criminal antecedent at para-3
of the anticipatory bail application.
(Satyavrat Verma, J)
Sumit/-
U T
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