Patna High Court
Bali MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to bail bond, sureties, and verification of his criminal antecedent.
Summary
Petitioner Bali Mukhiya feared arrest in a case under Sections 30(a) and 41(1) of the Bihar Excise Act for allegedly concealing 12 litres of liquor near his house. He argued that the liquor was recovered from a location not belonging to him, that the complaint originated from an inimical watchman, and that he had previously been implicated in similar excise matters without proper investigation. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties and appear before the trial court within six weeks. The order further directed the trial court to verify the petitioner’s criminal antecedent and conditionally confirm the bail if he has no more than two prior cases, otherwise the bail would not be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the pending excise case.
- Whether the circumstances of the alleged recovery and the petitioner’s antecedent justify denial of bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- criminal antecedent
- Section 30
- Section 41
- Section 482
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30784 of 2026
Arising Out of PS. Case No.-72 Year-2025 Thana- PALANWA District- East Champaran
======================================================
Bali Mukhiya S/o- Fagu Mukhiya Resident of village- Parsauni Tapsi P.S.-
Palanwa District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh
For the Opposite Party/s : Mr.Dr. Kumar Uday Pratap
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-05-2026 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 30(a) and
41(1) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 12 litres of liquor concealed under
heap of wheat beside the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
but then is adjacent to his house and he came to be implicated
Patna High Court CR. MISC. No.30784 of 2026(2) dt.06-05-2026
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at the instance of Chowkidar with whom he is on an inimical
term. It is next submitted that if Chowkidar was aware about
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
further 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. It is also submitted that petitioner earlier also in
similar manner came to be implicated in cases relating to
Excise.
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. 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 Palanwa P.S. Case
No. 72 of 2025, subject to the conditions as laid down under
Patna High Court CR. MISC. No.30784 of 2026(2) dt.06-05-2026
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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 two
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 two cases in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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