Patna High Court
Sonelal MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that, given the petitioner’s clean antecedent and lack of possession of the alleged liquor, provisional anticipatory bail should be granted subject to verification of antecedent and compliance with the stipulated conditions.
Summary
Sonelal Mukhiya applied for anticipatory bail after a case was registered against him under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016 for alleged recovery of 95 litres of liquor from another's land. He asserted a clean criminal record, no possession of the liquor, and that the case was based solely on a confessional statement of an apprehended accused, which he claimed lacked evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a Rs.500 bond, two sureties, and a condition that the trial court verify the petitioner’s antecedent within six weeks. If any prior case is found, the bail would be revoked; otherwise it would be confirmed. The petitioner also undertook to deposit Rs.1,500 with the Patna High Court Lawyers’ Association.
Issues considered
- Whether anticipatory bail should be granted under Section 438 of the Cr.P.C. in a case involving alleged offences under the Bihar Prohibition and Excise Act, 2016.
- Whether the confessional statement of another accused can form a basis for arrest and denial of bail.
- Whether the petitioner’s clean antecedent and lack of possession of the alleged liquor justify the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 41(1)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 438 CrPC
- clean antecedent
- confessional statement
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5447 of 2026
Arising Out of PS. Case No.-374 Year-2024 Thana- PIPRA District- East Champaran
======================================================
Sonelal Mukhiya S/o Channu Mukhiya Resident of Village - Kuarpur Bintoli,
P.S - Pipra, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prateek Tandon, Advocate
For the Opposite Party/s : Mr. Nand Kumar, A.P.P.
======================================================
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 Sections 30(a) and
41(1) of the Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 95 litres of liquor from the land of Bharat Mukhiya.
4. Learned counsel for the petitioner submits that
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.
It is further submitted that petitioner has no concern or relation
with Bharat Mukhiya and petitioner came to be implicated
based on the confessional statement of apprehended accused in
Patna High Court CR. MISC. No.5447 of 2026(2) dt.02-02-2026
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police custody which does not have any evidentiary value in the
eye of law, when petitioner is a person with clean 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, let 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 Pipra P.S.
Case No. 374 of 2024, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./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 if
it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed his antecedent
before this Court at para 3 of the anticipatory bail application in
that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
Patna High Court CR. MISC. No.5447 of 2026(2) dt.02-02-2026
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anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.1,500/- with the Lawyers’ Association
of the Patna High Court within a period of two weeks from
today.
(Satyavrat Verma, J)
Kundan/-
U T
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