Patna High Court
Nagendra MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to conditions and verification of antecedents under Section 438(2) Cr.P.C.
Summary
The petitioners, Nagendra Mukhiya and Shatrudhan Kumar, applied for anticipatory bail in a case registered under Section 30(a) of the Excise Act alleging recovery of 172.8 litres of liquor from a place adjacent to the second petitioner's house. They contended that they had no conscious possession of the liquor, the premises did not belong to them, and that the informant (chaukidar) had a personal enmity and failed to report earlier. The State opposed the bail application. The High Court, after hearing counsel, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties each and directed verification of the petitioners' criminal antecedents under Section 438(2) of the Cr.P.C. The order will be confirmed if petitioner 1 is found to have a clean record and petitioner 2 has only one prior case; otherwise it will be set aside.
Issues considered
- Whether anticipatory bail can be granted under Section 438 Cr.P.C. in a case under Section 30(a) of the Excise Act
- Whether the petitioners' criminal antecedents affect the grant of anticipatory bail
- Whether the alleged recovery of liquor from premises adjacent to the petitioner's house justifies arrest
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 30 Excise Act
- Section 438 CrPC
- bail bond
- criminal antecedent
- West Champaran
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25126 of 2026
Arising Out of PS. Case No.-113 Year-2026 Thana- NAUTAN District- West Champaran
======================================================
1. Nagendra Mukhiya S/o Janakdev Mukhiya Resident of Village- Baira
Parsauni, ward no.9, P.S.- Nautan, Dist.- West Champaran
2. Shatrudhan Kumar @ Shatrudhan Mukhiya @ Shtrudhan Mukhiya S/o
Ekbal Mukhiya Resident of Village- Baira Parsauni, ward no.9, P.S.- Nautan,
Dist.- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gyan Prakash
For the Opposite Party/s : Mr.Tapeshwar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-04-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioners submits that
the petitioner no.1 is a person with clean antecedent and
petitioner no.2 has antecedent of one case under the Excise Act
and the allegation is of recovery of 172.8 litres of liquor from a
place behind the house of petitioner no.2.
4. The learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.25126 of 2026(2) dt.21-04-2026
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recovered from their conscious possession and even alleged
recovery is from a place, which does not belong to the
petitioner, but then, is adjacent to the house of petitioner no.2, as
such, they came to be implicated at the instance of Chaukidar
with whom they are on an inimical term. It is further 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.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs. 5,000/- (Rupees Five Thousand) each 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.113 of 2026, subject to
the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
Patna High Court CR. MISC. No.25126 of 2026(2) dt.21-04-2026
3/3
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioners shall
verify the criminal antecedent of the petitioners and in the event,
if it is found that petitioner no.1 has antecedent of even one case
and petitioner no.2 has antecedent of more than one case, then it
would be presumed that petitioners for the purposes of obtaining
anticipatory bail had concealed their 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 no.1 is a person with clean antecedent and
petitioner no.2 has antecedent of one case only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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