Patna High Court
Rakesh MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail to the petitioner subject to bail bonds, a deposit with the Lawyers’ Association, and verification of his criminal antecedent.
Summary
The petitioner, Rakesh Mukhiya, sought anticipatory bail fearing arrest in a case registered under Sections 274 and 275 of the Bihar Non‑Commercial Sale Act and Sections 30(a) and 41 of the Bihar Excise Act. He argued that no liquor was recovered from his possession and that the alleged recovery occurred at a location with which he had no connection. The petitioner also highlighted that the police had not conducted a proper investigation and that the informant (chowkidar) failed to inform authorities earlier. The State opposed the bail, contending the seriousness of the offences. The Court granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties, a condition that the petitioner deposit Rs.2,500 with the Lawyers’ Association, and a verification of his criminal antecedent within six weeks. The order further stipulated that if more than two prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the pending excise and BNS offences.
- Whether the lack of seizure from the petitioner’s possession and alleged procedural lapses justify bail.
- Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- police investigation
- criminal antecedent
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4131 of 2026
Arising Out of PS. Case No.-464 Year-2025 Thana- BANJARIA District- East Champaran
======================================================
Rakesh Mukhiya Son of Laxman Mukhiya @ Lakshaman Mukhiya Resident
of Village- Chailahan Bintoli, P.S.- Banjariya, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suraj Kumar Tiwari
For the Opposite Party/s : Mr.Shyam Bihari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 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 BNS and Sections 30(a) and 41 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases out of which one case is
under the Excise Act and allegation is of recovery of 100 litres
of liquor from a sack allegedly thrown by 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 near Bagahi bridge with which
petitioner has no concern and he came to be implicated at the
Patna High Court CR. MISC. No.4131 of 2026(2) dt.29-01-2026
2/3
instance of Chowkidar but then it is submitted that if the
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.
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 Banjariya
P.S. Case No. 464 of 2025, subject to the conditions as laid
down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Patna High Court CR. MISC. No.4131 of 2026(2) dt.29-01-2026
3/3
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.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 2,500/- with Lawyers’ Association, Patna High
Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…