Patna High Court
Dara Mukhiya @ Dara KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with the stipulated conditions.
Summary
The petitioner, Dara Mukhiya, sought anticipatory bail fearing arrest in a case registered under Sections 274 and 275 of the Bihar Narcotic Substances Act and Sections 30(a) and 41 of the Bihar Excise Act for allegedly recovering 35 litres of liquor from a public riverbank. The petitioner argued that he had no prior criminal record, the liquor was not in his conscious possession, and the location was accessible to the public, raising doubts about his involvement. The State opposed the bail, contending the seriousness of the offences. The Court, considering the clean antecedent and lack of direct possession, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and a condition that the trial court verify his antecedents within six weeks. If any prior case is discovered, the bail would be cancelled; otherwise, it would be confirmed. The petitioner also undertook to deposit Rs. 1,500 with the Advocates’ Association.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the case
- Whether the alleged recovery of liquor from a public place establishes sufficient grounds for arrest
- Whether the petitioner’s clean antecedent warrants the grant of bail
Legislation cited
- Bihar Excise Act — s. 30(a), 41
- Bihar Narcotic Substances Act — s. 274, 275
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- clean antecedent
- public place
- liquor recovery
- Section 274
- Section 275
- Section 30(a)
- Section 41
- Section 482(2)
- Bihar Narcotic Substances Act
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2529 of 2026
Arising Out of PS. Case No.-360 Year-2025 Thana- BANJARIA District- East Champaran
======================================================
Dara Mukhiya @ Dara Kumar S/o Shivchandra Mukhiya Resident of village-
Khairaghat, P.S.- Banjariya, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh
For the Opposite Party/s : Mr.Arun Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 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 BNS and Sections 30(a), 41 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 35 litres of liquor from a place near bank of
Sikarhana river.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
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
Patna High Court CR. MISC. No.2529 of 2026(2) dt.28-01-2026
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at the instance of Chowkidar but then it is submitted that if the
Chowkidar was aware about the involvement of the petitioner in
the occurrence, then why he did not inform the police prior to
institution of the instant FIR, which casts an aspersion on the
case of the prosecution.
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.
500/- (Rupees Five Hundred) 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 Banjariya
P.S. Case No. 360 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 even one case
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
Patna High Court CR. MISC. No.2529 of 2026(2) dt.28-01-2026
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confirmed, but after verification if it is found that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 1,500/- with Advocates’ Association, Patna High
Court.
(Satyavrat Verma, J)
Sumit/-
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