Patna High Court
Dwarika MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to bond, sureties, and verification of antecedent.
Summary
The petitioner, Dwarika Mukhiya, applied for anticipatory bail in a case registered under Section 30(a) of the Excise Act and Sections 274 and 275 of the Bihar Narcotic Substances Act, alleging recovery of 31.17 litres of liquor from a public riverbank. He contended that the liquor was not in his conscious possession, that the recovery site did not belong to him, and that the complaint was based solely on the testimony of a chaukidar who had not reported the matter earlier. The State opposed the bail, arguing the seriousness of the offences and the petitioner’s prior three cases under the Excise Act. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs.15,000 with two sureties and compliance with Section 482(2) of the BNSS. The order also directed the trial court to verify the petitioner’s criminal antecedent and to cancel the bail if more than three prior cases are found, otherwise to confirm the bail forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances alleged.
- Whether the petitioner’s prior criminal antecedent of three Excise cases disqualifies him from obtaining anticipatory bail.
- Whether the lack of possession of the alleged liquor and the role of the chaukidar affect the bail decision.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 482(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Bihar Narcotic Substances Act
- criminal antecedent
- Section 482
- liquor seizure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27447 of 2026
Arising Out of PS. Case No.-28 Year-2026 Thana- CHANPATIA District- West Champaran
======================================================
Dwarika Mukhiya S/o Chunni Mukhiya Resident of Vill. - Basantpur, P.S.-
Sathi, Dist. - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sitesh Kashyap
For the Opposite Party/s : Ms.Veena Kumari Jaiswal
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-04-2026 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
Section 30(a) of the Excise Act and Sections 274 and 275 of the
B.N.S.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of three cases under the Excise Act
and allegation is of recovery of 31.17 litres of liquor from a
place near bank of Sikrahana river.
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
recovery is from a place, which does not belong to the petitioner
Patna High Court CR. MISC. No.27447 of 2026(2) dt.24-04-2026
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and is accessible to public at large and he came to be implicated
at the instance of Chaukidar. It is further submitted that if
Chaukidar was aware of the involvement of the petitioner 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.15,000/- (Rupees Fifteen 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 Chanpatiya P. S. Case No.28 of 2026, subject to the
conditions laid down under Section 482(2) of the BNSS.
Patna High Court CR. MISC. No.27447 of 2026(2) dt.24-04-2026
3/3
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 three 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 three cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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