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Patna High Court

Sheshnath MukhiyaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedent.

Summary

The petitioner, Sheshnath Mukhiya, sought anticipatory bail fearing arrest in a case registered under Sections 274 and 275 of the Bihar Narcotic and Smuggling Act read with Section 30(a) of the Bihar Excise Act, alleging that the alleged seizure of 84 litres of liquor and 9,000 litres of semi‑fermented Mahua was from a public riverbank and that he was not in possession. He contended that the complaint was based on the testimony of a hostile chowkidar and that no proper investigation had been conducted. The State opposed the bail. 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 criminal antecedent. It further held that if the petitioner is found to have more than six prior cases, the bail would not be confirmed; otherwise, the provisional order would be confirmed. The order was made under Section 482(2) of the Bihar Criminal Procedure Code.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under Sections 274 and 275 of the Bihar Narcotic and Smuggling Act and Section 30(a) of the Bihar Excise Act.
  • Whether the petitioner’s prior criminal antecedent warrants denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • criminal antecedent
  • Bihar Narcotic and Smuggling Act
  • Bihar Excise Act
  • Section 482
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29621 of 2026
                  Arising Out of PS. Case No.-28 Year-2026 Thana- CHANPATIA District- West Champaran
                 ======================================================
                 Sheshnath Mukhiya S/o- Late Bhola Mukhiya R/v- Basantpur PS- Sathi
                 District- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Umesh Kumar Gupta
                 For the Opposite Party/s :       Mr. Jai Narain Thakur
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-05-2026                  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 the BNS read with Section 30(a) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of six cases out of which five cases are

                   under the Excise Act and allegation is of recovery of 84 liters of

                   liquor from bank of Sikrahna river along with 9000 liters semi

                   fermented Mahua pass which was destroyed at the spot.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended 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.29621 of 2026(2) dt.04-05-2026
                                            2/3




          and is accessible to public at large and he came to be implicated

          at the instance of Chowkidar with whom he is on an inimical

          term. It is also submitted that if Chowkidar was aware of 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. It is

          also submitted that once an accused is implicated in a case

          relating to excise, the police starts implicating mechanically

          either at the instance of Chowkidar, local person, confessional

          statement or secret information without holding a proper

          investigation.

                       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.

          30000/- (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

          Chanpatia P.S. Case No. 28 of 2026 subject to the conditions as
            Patna High Court CR. MISC. No.29621 of 2026(2) dt.04-05-2026
                                                        3/3




                      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 more

                      than six cases 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 confirmed, but after

                      verification if 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)
Rishabh/-

U      T


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