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Patna High Court

Chula Mukhiya @ Ramesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court provisionally granted anticipatory bail subject to a bail bond and verification of the petitioner’s antecedent.

Summary

The petitioner, Chula Mukhiya Ramesh Kumar, sought anticipatory bail after an FIR was lodged under Sections 274 and 275 of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged recovery of liquor. He contended that he had no prior criminal record, that the liquor was seized from a public place not in his possession, and that the complaint originated from a hostile watchman. The State opposed the bail. The Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties, conditioned on verification of the petitioner’s antecedent by the trial court. If any prior case is found, the bail will not be confirmed; if he is found to have a clean record, the bail will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic Substances Act.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 Cr.P.C. in a case involving alleged possession of liquor under Sections 274, 275 B.N.S. and Section 30(a) Bihar Prohibition and Excise Act
  • Whether the petitioner’s clean antecedent and lack of possession at the time of seizure justify anticipatory bail
  • Whether the trial court must verify the petitioner’s criminal antecedent before confirming the provisional bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 Cr.P.C.
  • Section 274 B.N.S.
  • Section 275 B.N.S.
  • Section 30(a) Bihar Prohibition and Excise Act
  • clean antecedent
  • liquor seizure
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25246 of 2026
                  Arising Out of PS. Case No.-28 Year-2026 Thana- CHANPATIA District- West Champaran
                 ======================================================
                 Chula Mukhiya @ Ramesh Kumar Son of Madhur Mukhiya @ Madho
                 Mukhiya @ Madhui Mukhiya R/O Vill.- 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, Advocate
                 For the Opposite Party/s :       Mr. Umeshanand Pandit, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-04-2026                  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 Sections 274 and

                   275 of the BNS, 2023 as well as Section 30(a) of the Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 84 litres of liquor from a place near Sikrahana River

                   along with 9000 litres of semi prepared liquor which was

                   destroyed at the spot.

                                4. 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 the alleged
Patna High Court CR. MISC. No.25246 of 2026(2) dt.18-04-2026
                                            2/3




          recovery is from a place which does not belong to the petitioner

          and is accessible to villagers at large. It is further submitted that

          petitioner came to be implicated at the instance of the

          Chawkidar with whom he is on an inimical term. It is next

          submitted that if the Chawkidar was aware of the involvement

          of the petitioner in the occurrence then why he did not inform

          the police prior to the institution of the instant FIR which casts

          an aspersion on the case of the prosecution. It is also submitted

          that in majority of the cases the police implicate at the instance

          of the Chawkidar, local person confessional statement or secret

          information without holding a proper investigation of the case.

          It is reiterated and submitted that petitioner is a person with

          clean antecedent.

                       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 appearing on behalf of the petitioner, let the petitioner,

          above-named, in the event of his arrest or surrender within a

          period of six weeks from today, be released on provisional

          anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees

          Five Hundred) with two sureties of the like amount each to the

          satisfaction of the learned Trial Court where the case is
           Patna High Court CR. MISC. No.25246 of 2026(2) dt.18-04-2026
                                                       3/3




                     pending/Successor Court in connection with Chanpatia P.S.

                     Case No. 28 of 2026, subject to the conditions as laid down

                     under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                                  7. However, it is made clear that thereafter the learned

                     Trial Court shall verify the criminal antecedent of the petitioner

                     and if it is found that petitioner has antecedent of even one case,

                     it would be presumed that petitioner had concealed his

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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