Patna High Court
Shankar MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail subject to bail bonds, sureties, and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Shankar Mukhiya, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 54 litres of liquor from two motorcycles. He argued that he was not present at the seizure, had no possession of the motorcycles, and was implicated solely on confessional statements of co-accused, which he claimed lacked evidentiary value. The State opposed the bail, contending the seriousness of the offence. The Court granted provisional anticipatory bail conditioned on a Rs.5,000 bail bond with two sureties, subject to verification of the petitioner’s criminal antecedent under Section 482(2) of the CrPC. The order stipulated that if more than one prior case 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 Section 482(2) of the CrPC in a case under the Bihar Excise Act.
- Whether the confessional statements of co-accused provide sufficient basis for arrest.
- Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statements
- criminal antecedent
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43280 of 2026
Arising Out of PS. Case No.-253 Year-2025 Thana- Excise Benipatti District- Madhubani
======================================================
Shankar Mukhiya Son of Shree Matar Mukhiya @ Matar Mukhiya Resident
of Village- Durgauli, Ward No. 7, P.S.- Benipatti, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav, Adv
Mr. Udeshya Kumar Yadav, Adv
Mr.Vinod Kumar, Adv
For the Opposite Party/s : Mr.Nityanand
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-07-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case and allegation is of
recovery of 54 litres of liquor from two motorcycles.
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 is not the owner of
any of the seized motorcycles and he came to be implicated
based on confessional statement of Kailash and Rajesh in police
Patna High Court CR. MISC. No.43280 of 2026(2) dt.02-07-2026
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custody which does not have any evidentiary value.
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.
5,000/- (Rupees Five 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 Excise
Benipatti P.S. Case No. 253 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
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than one case 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 one
case in that event the provisional anticipatory bail order shall be
Patna High Court CR. MISC. No.43280 of 2026(2) dt.02-07-2026
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confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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