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Patna High Court

Rup Narayan Mukhiya @ Rup NarayanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioners, subject to verification of their criminal antecedents and compliance with bail conditions.

Summary

The petitioners, five residents of Kuwarpur village, sought anticipatory bail fearing arrest in a case registered under Sections 30(a) and 41(1) of the Bihar Excise Act for alleged recovery of 56 litres of liquor from a bush near petitioner No.2's house. They contended that they were not arrested on the spot, no liquor was found in their possession, and the informant’s name was omitted from the FIR, indicating a weak investigation. The State opposed the bail, citing the petitioners' multiple prior criminal cases, some under the Excise Act. Justice Satyavrat Verma granted provisional anticipatory bail conditioned on a bail bond of Rs.25,000 with two sureties each, subject to Section 482(2) of the BNSS, and directed the trial court to verify the petitioners' criminal antecedents. The order stipulated that if any petitioner concealed a higher antecedent than disclosed, the provisional bail would not be confirmed for that individual; otherwise, the bail would be confirmed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the Bihar Excise Act.
  • Whether the absence of seizure from the petitioners' possession and the omission of the informant’s name in the FIR affect the bail decision.
  • Whether the petitioners' prior criminal antecedents, especially under the Excise Act, justify denial of anticipatory bail.
  • Whether the trial court should verify the criminal antecedents before confirming the provisional bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • criminal antecedent
  • Section 482
  • Bihar Excise Act
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44580 of 2026
                     Arising Out of PS. Case No.-176 Year-2026 Thana- PIPRA District- East Champaran
                 ======================================================
           1.     Rup Narayan Mukhiya @ Rup Narayan Son of Dukhan Mukhiya Resident
                  of Village- Kuwarpur, Bintoli, P.S.- Pipra, District- East Champaran,
                  Motihari.
           2.    Dhuruv Mukhiya Son of Dukan Mukhiya Resident of Village- Kuwarpur,
                 Bintoli, P.S.- Pipra, District- East Champaran, Motihari.
           3.    Bhageshwar Mukhiya Son of Dukan Mukhiya Resident of Village-
                 Kuwarpur, Bintoli, P.S.- Pipra, District- East Champaran, Motihari.
           4.    Jay Charan Mukhiya Son of Gujur Mukhiya Resident of Village- Kuwarpur,
                 Bintoli, P.S.- Pipra, District- East Champaran, Motihari.
           5.    Budhan Mukhiya Son of Bindeshwar Mukhiya Resident of Village-
                 Kuwarpur, Bintoli, P.S.- Pipra, District- East Champaran, Motihari.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sumit Kumar Gupta
                 For the Opposite Party/s :        Md. Shakir Ahmad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-07-2026               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 offences punishable under Sections 30(a) and 41(1)

                   of the Bihar Excise Act.

                             3.    Learned counsel for the petitioners submits that

                   petitioner nos. 1 and 5 have antecedent of three cases out of which

                   one case is under the Excise Act, petitioner no. 2 has antecedent of

                   five cases out of which three cases are under the Excise Act,

                   petitioner no. 3 has antecedent of four cases out of which two cases
Patna High Court CR. MISC. No.44580 of 2026(2) dt.08-07-2026
                                            2/3




          are under the Excise Act and petitioner no. 4 has antecedent of four

          case under the Excise Act and allegation is of recovery of 56 litres of

          liquor from bush behind the house of petitioner no. 2.

                   4.     Learned counsel for the petitioners submits that the

          petitioners were not arrested from the spot as such nothing was

          recovered from their conscious possession and even the alleged

          recovery is from a place which does not belong to the petitioners but

          then is adjacent to the house of petitioner no. 2 and he came to be

          implicated at the instance of local people, but then the name of the

          person, who disclosed the name of the petitioners, is not disclosed in

          the 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 petitioners.

                   6.     Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the event

          of their arrest or surrender within a period of six weeks from today,

          be released on provisional anticipatory bail on furnishing bail

          bonds of Rs. 25,000/- (Rupees Twenty-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
              Patna High Court CR. MISC. No.44580 of 2026(2) dt.08-07-2026
                                                          3/3




                        Pipra P.S. Case No. 176 of 2026, 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 petitioners and in the event

                        if it is found that petitioner nos. 1 and 5 have antecedent of more than

                        three cases, petitioner no. 2 has antecedent of more than five cases,

                        petitioner nos. 3 and 4 have antecedent of more than four cases then

                        it would be presumed that petitioners, for the purposes of seeking

                        anticipatory bail, had concealed their antecedent before this Court, as

                        such, the provisional anticipatory bail order shall not be confirmed

                        with respect to that petitioner who had concealed his criminal

                        antecedent before this Court, but after verification if it is found that

                        petitioner nos. 1 and 5 have antecedent of three cases, petitioner no. 2

                        has antecedent of five cases, petitioner nos. 3 and 4 have antecedent

                        of four cases in that event the provisional anticipatory bail order

                        shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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