Patna High Court
Balram MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bail bonds, sureties and verification of antecedent under Section 482(2) of the BNSS.
Summary
Balram Mukhiya applied for anticipatory bail after a FIR was lodged under Section 30(a) of the Bihar Excise Act alleging recovery of 2 litres of liquor and 20 litres of jawa mahua from his under‑construction house. The petitioner claimed he has a clean antecedent, that the liquor was planted by hostile persons, and that nothing was found in his conscious possession. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing bail bonds and sureties, and directed verification of the petitioner’s antecedent by the trial court. If any prior case is found, the bail would be cancelled; otherwise it would be confirmed. The petitioner also undertook to deposit a sum with the High Court Legal Services Committee.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s clean antecedent and lack of conscious possession justify bail.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate.
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- clean antecedent
- provisional bail
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5204 of 2026
Arising Out of PS. Case No.-452 Year-2025 Thana- ALOULI District- Khagaria
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Balram Mukhiya Son of Late Munchun Mukhiya @ Mundhun Mukhiya
Resident of village - Phultaura, P.S.- Alauli, District - Khagaria.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar Singh
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood
======================================================
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 2 litres of liquor from the semi-constructed house of
the petitioner along with 20 litres of jawa mahua which was
destroyed at the spot.
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 the house in
question is under construction as such no members were staying
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there and is accessible to villagers at large. It is next submitted
that it appears that someone inimical to the petitioner planted
meagre amount of liquor in order to implicate the petitioner 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
petitioner is not disclosed in the FIR, which casts an aspersion
on the case of the prosecution.
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 Alauli
P.S. Case No. 452 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
Patna High Court CR. MISC. No.5204 of 2026(2) dt.02-02-2026
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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 Patna High Court Legal Services
Committee, Patna within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
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