Patna High Court
Ramchandra MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted subject to a bail bond and verification of antecedents, with the order to be revoked if more than six prior cases are discovered.
Summary
The petitioner, Ramchandra Mukhiya, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case alleging offences under Sections 30(a), 32 and 41(1) of the Excise Act for the alleged recovery of 120 litres of liquor from a public bridge area and 102 litres from a sand heap. The petitioner argued that the liquor was not in his conscious possession, the site was public, and the complaint was motivated by an inimical relationship with a watchman. The State opposed the bail, contending the seriousness of the offences and the petitioner’s prior criminal record of six cases, five of which are under the Excise Act. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.30,000 with two sureties and directed verification of the petitioner’s antecedents. It further held that if the trial court finds more than six prior cases, the bail would be revoked; otherwise, the provisional order would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in view of the alleged Excise offences and his criminal antecedent
- Whether the absence of liquor in the petitioner’s conscious possession and the public nature of the recovery site justify granting bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 32, 41(1)
Subjects
- anticipatory bail
- Excise Act
- Section 438 CrPC
- criminal antecedent
- liquor seizure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26783 of 2026
Arising Out of PS. Case No.-512 Year-2025 Thana- SANGRAMPUR District- East
Champaran
======================================================
Ramchandra Mukhiya S/o- Late Lalbahadur Mukhiya Resident of village -
Koirgawa Bintola P.s.- Sangrampur, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar
For the Opposite Party/s : Mr.Narsingh Tanti
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-04-2026 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
Sections 30(a), 32 and 41(1) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of six cases out of which five cases
are under the Excise Act and allegation is of recovery of 120
litres of liquor from a place near a bridge along with 102 litres
of liquor from heap of sand.
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.26783 of 2026(2) dt.23-04-2026
2/3
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 with whom he is 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. 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.30,000/- (Rupees Thirty 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 Sangrampur P. S. Case No.512 of 2025, subject to the
Patna High Court CR. MISC. No.26783 of 2026(2) dt.23-04-2026
3/3
conditions laid down under Section 438(2) of the Cr.P.C.
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 six 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 six cases only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
Checking your session…