Ramji MukhiyaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44503 of 2026
                  Arising Out of PS. Case No.-670 Year-2025 Thana- BANJARIA District- East Champaran
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                 Ramji Mukhiya Son of Ram Chandra Mukhiya Resident of Village-
                 Chhichurhiya, P.S.- Banjariya, District- East Champaran, Motihari

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajesh Kumar
                 For the Opposite Party/s :       Mr.Sanjay Kumar Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-07-2026               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 Sections 274 and

                   275 of BNS and Section 30(a) 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 150 litres of liquor from bank of

                   Tilawe river.

                             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

                   and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.44503 of 2026(2) dt.08-07-2026
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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.

                   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. 670 of 2025 subject to the conditions as laid down

          under Section 482(2) of the BNSS.
              Patna High Court CR. MISC. No.44503 of 2026(2) dt.08-07-2026
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                                 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