Patna High Court
Vijendra Mukiya @ Vijendra MukhiaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to verification of his antecedent and compliance with the stipulated conditions.
Summary
Vijendra Mukiya, a resident of Samastipur, sought anticipatory bail after learning that he might be arrested in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of liquor from the houses of Ganesh, Santosh, and Pawan Devi. He asserted that he has a clean antecedent, that the liquor was not found in his possession, and that the complainant (the chowkidar) failed to inform police earlier, casting doubt on the prosecution's case. The State opposed the bail application. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and a condition that the trial court verify the petitioner's antecedent within six weeks. The order further stipulated that if any prior case is discovered, the bail would be cancelled, otherwise it would be confirmed, and the petitioner undertook to deposit Rs. 1,500 with the Advocates’ Association.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s clean antecedent and lack of possession of the alleged liquor justify granting bail.
- Whether the conditions imposed by the Court are appropriate under Section 482(2) of the BNSS.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- clean antecedent
- liquor recovery
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5196 of 2026
Arising Out of PS. Case No.-13 Year-2025 Thana- SINDHIYA District- Samastipur
======================================================
Vijendra Mukiya @ Vijendra Mukhia Son of Jagdish Mukhiya Resident of
Village- Salepur, P.S.- Sindhiya, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar
For the Opposite Party/s : Md. Ataur Rahman
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 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 is a person with clean antecedent and allegation is of
recovery of 10 litres of liquor from the house of Ganesh and
Santosh and 5 litres of liquor from the house of Pawan Devi.
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 petitioner has no concern or relation with Ganesh, Santosh
Patna High Court CR. MISC. No.5196 of 2026(2) dt.02-02-2026
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and Pawan and he came to be implicated at the 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, when petitioner admittedly is a person with celan
antecedent.
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.
500/- (Rupees Five Hundred) 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 Sindhiya
P.S. Case No. 13 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 even one case
then it would be presumed that petitioner, for the purposes of
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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 is a
person with clean antecedent 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. 1,500/- with Advocates’ Association, Patna High
Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
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