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Patna High Court

Sunil Kumar MukhiyaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Ownership of the vehicle and lack of conscious possession, together with a single prior case, do not bar the grant of anticipatory bail under Section 438 Cr.P.C., subject to verification of antecedents.

Summary

Sunil Kumar Mukhiya applied for anticipatory bail under Section 438 of the Cr.P.C. in a case registered under Section 30(a) of the Excise Act for the alleged recovery of 12 litres of liquor from his motorcycle. He argued that he was not arrested at the spot, had no conscious possession of the liquor, and was merely the owner of the vehicle, unaware of his nephew's alleged misuse. The State opposed the bail, contending that ownership of the vehicle implicated him. The Court noted that ownership alone does not constitute participation and, given only one prior Excise case, granted provisional anticipatory bail subject to a Rs.5,000 bond, two sureties, and verification of his criminal antecedents. The order further stipulated that if more than one antecedent is found, the bail would be revoked; otherwise, it would be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. despite being the owner of the vehicle from which liquor was recovered.
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • vehicle ownership
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27952 of 2026
                       Arising Out of PS. Case No.-98 Year-2026 Thana- BIRAUL District- Darbhanga
                 ======================================================
                 Sunil Kumar Mukhiya S/o Ram Prakash Mukhiya Resident of Village -
                 Barahampur, Police Station - Kusheshwar Asthan, District - Darbhanga.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Nilendu Kumar Choudhary
                 For the Opposite Party/s :        Mr.Parmanand Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-04-2026                  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.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case under the Excise Act

                   and allegation is of recovery of 12 litres of liquor from a

                   motorcycle.

                                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 he came to be

                   implicated based on the fact that he is owner of the seized

                   vehicle. It is next submitted that no prudent person would use
Patna High Court CR. MISC. No.27952 of 2026(2) dt.28-04-2026
                                            2/3




          his own vehicle for committing a crime and thus, would create

          evidence against himself and hence, would get implicated. It is

          further submitted that petitioner was completely unaware that

          his nephew Kamlesh would misuse the vehicle in the manner as

          alleged as he was also apprehended at the spot.

                       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.5,000/- (Rupees Five 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 Biraul P. S. Case No.98 of 2026, subject to the 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 one case, then
               Patna High Court CR. MISC. No.27952 of 2026(2) dt.28-04-2026
                                                           3/3




                         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 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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