Patna High Court
Mukesh MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that the petitioners are entitled to provisional anticipatory bail, subject to verification of antecedents and compliance with conditions under Section 438(2) Cr.P.C. and Section 482(2) of the Bihar Narcotic and Smuggling Act.
Summary
The petitioners, four residents of Nawalpur, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly recovering 129,600 litres of liquor from a sugarcane field not owned by them. They argued they had clean antecedents (except one prior case for petitioner 4) and that the only evidence against them was a confessional statement made by Ravindra Mukhiya while in police custody, which they claimed lacked evidentiary value. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs 5,000 with two sureties, verification of the petitioners' criminal antecedents, and a deposit of Rs 3,000 with the Patna High Court Advocate Association. The order stipulated that if verification revealed any concealed antecedent, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The court directed the trial court to verify the antecedents and to conditionally confirm the bail.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether a confessional statement made in police custody can be relied upon as evidence for denying bail.
- Whether the criminal antecedent of the petitioners affects the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic and Smuggling Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a) Bihar Prohibition and Excise Act
- criminal antecedent
- confessional statement
- bail bond
- verification of antecedents
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3611 of 2026
Arising Out of PS. Case No.-204 Year-2025 Thana- Nawalpur District- West Champaran
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1. Mukesh Mukhiya S/O Mangani Mukhiya Resident of Village- Nawalpur,
P.S.- Nawalpur, District- West Champaran
2. Ramfal Mukhiya S/O Sukai Mukhiya Resident of Village- Nawalpur, P.S.-
Nawalpur, District- West Champaran
3. Niranjan Mukhiya S/O Sharma Mukhiya Resident of Village- Nawalpur,
P.S.- Nawalpur, District- West Champaran
4. Shiv Mukhiya S/O Chhathu Mukhiya Resident of Village- Nawalpur, P.S.-
Nawalpur, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Niraj Kumar Sharma, Advocate
For the Opposite Party/s : Mr. Nand Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioners no. 1, 2 and 3 are persons with clean antecedent and
petitioner no. 4 has antecedent of one case and allegation is of
recovery of 129.600 litres of liquor from a sugarcane field.
4. Learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
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recovered from their conscious possession and even the alleged
recovery is from a field which does not belong to the petitioners.
It is further submitted that petitioners came to be implicated
based on the confessional statement of Ravindra Mukhiya in
police custody which does not have any evidentiary value in the
eye of law.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, let the petitioners above-named, in
the event of their 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.5,000/- (Rupees Five Thousand) each 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
Nawalpur P.S. Case No. 204 of 2025, subject to the conditions
as laid down under Section 438(2) of the Cr.P.C./482(2) of the
BNSS.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioners and
if it is found that petitioners no. 1, 2 and 3 have antecedent of
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even one case and petitioner no. 4 has antecedent of more than
one case, it would be presumed that petitioners had concealed
their antecedent before this Court at para 3 of the anticipatory
bail application in that event the provisional anticipatory bail
order shall not be confirmed but if it is found on verification that
petitioners no. 1, 2 and 3 are persons with clean antecedent and
petitioner no. 4 has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioners
based on instruction submits that petitioners undertake to
deposit an amount of Rs.3,000/- with the Advocate Association
of the Patna High Court within a period of two weeks from
today.
(Satyavrat Verma, J)
Kundan/-
U T
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