Patna High Court
Sheshnath MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic and Smuggling Act — s. 274, 275
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
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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
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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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