Patna High Court
Mahendra MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to conditions and verification of the petitioner’s criminal antecedents.
Summary
Mahendra Mukhiya applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with offences under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act. He argued that the alleged liquor was recovered from a public canal, not from his possession, and that he was implicated by a watchman with whom he has a hostile relationship. The State opposed the bail. The High Court, after hearing both sides, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds of Rs.10,000 each with two sureties and deposit Rs.5,000 with the Advocates’ Association. The order is subject to verification of his criminal antecedents; if more than two prior cases are found, the bail may be revoked, otherwise it will be confirmed.
Issues considered
- Whether anticipatory bail should be granted when the petitioner has prior cases under the Excise Act.
- Whether the absence of possession of the alleged contraband and recovery from a public place justify granting anticipatory bail.
- Whether concealment of antecedent cases, if any, affects the continuance of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438
- criminal antecedent
- Excise Act
- Bihar Narcotic Substances Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2913 of 2026
Arising Out of PS. Case No.-114 Year-2025 Thana- KANGLI District- West Champaran
======================================================
Mahendra Mukhiya Son of Ramdhyan Mukhiya Resident of Village - Sugaha
Bhawanipur, Police Station - Kangali, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sarvesh Kashyap
For the Opposite Party/s : Mr.Kanhiya Kishor
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 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 274 and 275 of the B.N.S. and Section 30(a) of the
Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of two cases both under the Excise
Act and allegation is of recovery of 40 litres of liquor from a
sack allegedly thrown by the petitioner near a canal.
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.2913 of 2026(2) dt.28-01-2026
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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 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.10,000/- (Rupees Ten 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 Kangali P. S. Case No.114 of 2025, 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
Patna High Court CR. MISC. No.2913 of 2026(2) dt.28-01-2026
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found that petitioner has antecedent of more than two 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 two cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
9. At this stage, the learned counsel appearing on
behalf of the petitioner based on instruction submits that
petitioner undertakes to deposit an amount of Rs.5,000/- with
Advocates’ Association, Patna High Court, Patna.
(Satyavrat Verma, J)
vikash/-
U T
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