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Patna High Court

Tetar MukhiyaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner is entitled to provisional anticipatory bail pending verification of his antecedents.

Summary

The petitioner, Tetar Mukhiya, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018 for the alleged recovery of 90 litres of liquor from an auto he owned. He contended that he had no prior criminal record, was not in possession of the liquor, and was unaware that his vehicle was being misused by another individual, Sunil. The State opposed his application for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 and two sureties, and directed the trial court to verify the petitioner’s antecedents before confirming the bail. If any antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the provisions of the Criminal Procedure Code in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
  • Whether mere ownership of the vehicle used in the alleged offence is sufficient ground for arrest and denial of bail.
  • Whether the petitioner’s clean antecedent and lack of conscious possession of the liquor justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • bail
  • excise offence
  • liquor seizure
  • vehicle ownership
  • clean antecedent
  • Section 30(a)
  • Bihar Prohibition and Excise Amendment Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33578 of 2026
                   Arising Out of PS. Case No.-177 Year-2025 Thana- Excise Benipatti District- Madhubani
                 ======================================================
                 Tetar Mukhiya S/o Mohan Mukhiya R/o Village - Ladaut, PS - Benipatti,
                 District - Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ravi Prakash
                 For the Opposite Party/s :         Mr. Navin Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   14-05-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Amendment Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 90 litres of liquor from an auto. It is next submitted

                   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

                   his own vehicle for committing an occurrence and thus would

                   create evidence against himself and hence would get implicated.
Patna High Court CR. MISC. No.33578 of 2026(2) dt.14-05-2026
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          It is also submitted that the petitioner was completely unaware

          that Sunil would misuse his vehicle in the manner as alleged

          who was also apprehended from the spot.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.500/- (Rupees five hundred) 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 Benipatti Excise P.S. Case No.177/2025,

          subject to the conditions as laid down under Section 482(2) of

          the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner is a person with clean
             Patna High Court CR. MISC. No.33578 of 2026(2) dt.14-05-2026
                                                         3/3




                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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