Patna High Court
Kolai MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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
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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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