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Patna High Court

Kolai MukhiyaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted to the petitioner subject to a bail bond, sureties, and verification of his criminal antecedents.

Summary

The petitioner, Kolai Mukhiya, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 444 litres of liquor from a paddy field adjacent to his house. He argued that the liquor was not in his possession, the recovery was from land not owned by him, and that the complaint originated from a hostile neighbour, questioning the investigation's propriety. The State opposed the bail, contending the seriousness of the offence and the petitioner’s prior six excise cases. The Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.30,000 with two sureties and directed verification of the petitioner’s criminal antecedents. It further stipulated that if more than six prior cases are found, the bail would not be confirmed, whereas confirmation would follow if only six cases are verified. The application was allowed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
  • Whether the conditions imposed under Section 482(2) of the CrPC are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • bail bond
  • criminal antecedent
  • Section 30
  • Section 482
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5538 of 2026
                     Arising Out of PS. Case No.-407 Year-2025 Thana- SANGRAMPUR District- East
                                                       Champaran
                 ======================================================
                 Kolai Mukhiya S/O Virendra Mukhiya Resident of Village- Koeirgawan Bin
                 Toli Sangrampur, P.S- Sangarampur, Distt.- East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :      Mr. Dr. Kumar Uday Pratap, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedents of six cases under the Excise Act and

                   allegation is of recovery of 444 litres of liquor from a paddy

                   field behind the house of the petitioner. It is next submitted that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner

                   but then is adjacent to his house and came to be implicated at
Patna High Court CR. MISC. No.5538 of 2026(2) dt.03-02-2026
                                            2/3




          the instance of Chowkidar with whom he is on an inimical term.

          It is also submitted that if Chowkidar was aware of 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

          also 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.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. 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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.30,000/- (Rupees Thirty Thousand) with two sureties

          of the like amount each to the satisfaction of learned Special

          Judge, Excise Court No.-1, Motihari, East Champaran in

          connection with Sangrampur P.S. Case No.407 of 2025, subject

          to the conditions laid down under Section 482(2) of the B.N.S.S.
               Patna High Court CR. MISC. No.5538 of 2026(2) dt.03-02-2026
                                                           3/3




                                      6. The application stands allowed.

                                      7. It is made clear that the learned trial Court after

                         accepting the provisional bail bond of the petitioner shall verify

                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedents of more than six cases,

                         then it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedents of only six cases, in that event,

                         the provisional 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.10,000/- with Advocates’ Association,

                         Patna High Court within a period of two weeks from today.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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