Patna High Court
Jhagru Mukhiya @ Jhagru BinversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to specified conditions.
Summary
The petitioner, Jhagru Mukhiya, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, alleging that the alleged seizure of 40 litres of liquor occurred in a public area and that he was not in possession at the time. He argued that the complainant (the chowkidar) failed to inform police earlier, casting doubt on the prosecution's case, and highlighted a pattern of mechanical police implicating. The State opposed the bail. The Court, applying Section 482(2) of the BNSS, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties, a six‑week surrender window, verification of the petitioner’s criminal antecedents, and a deposit of Rs.2,500 with the Advocates’ Association. The order stipulates that if more than two prior cases are found, the bail will not be confirmed. The provisional bail is thus granted subject to these conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act
- Whether the circumstances of alleged seizure and lack of possession justify granting bail
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Bihar Excise Act
- Section 30
- criminal procedure
- bail conditions
- antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6003 of 2026
Arising Out of PS. Case No.-495 Year-2025 Thana- JOGAPATTI District- West Champaran
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Jhagru Mukhiya @ Jhagru Bin S/o- Late Ram Prasad Bin @ Prasad Mukhiya
Village- Padrawan PS-Jogapatti District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mayank Mohan
For the Opposite Party/s : Mr.Sanjay Kumar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 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 has antecedent of two cases out of which one case is
under the Excise Act and allegation is of recovery of 40 litres of
liquor from a gallon concealed in a bush near a bamboo orchard
and pond.
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
Patna High Court CR. MISC. No.6003 of 2026(2) dt.03-02-2026
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and is accessible to public at large 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. It is further 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.
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. 10,000/- (Rupees
Ten Thousand) 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 Jogapatti P.S. Case No.
495 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
Patna High Court CR. MISC. No.6003 of 2026(2) dt.03-02-2026
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shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of more than two
cases then it would be presumed that petitioner, for the purposes of
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 has
antecedent of two cases 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. 2,500/- with Advocates’ Association, Patna High
Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
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