Patna High Court
Lalu MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioners subject to bond, sureties, deposit and verification of criminal antecedents.
Summary
The petitioners, three brothers named Lalu, Raman and Rahul Mukhiya, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 19.275 litres of liquor from a location not belonging to them. They contended that the liquor was not in their conscious possession and that the investigation relied on secret information without proper inquiry, despite their prior excise cases. The State opposed the bail. The High Court, after hearing counsel, granted provisional anticipatory bail conditioned on a bail bond of Rs 10,000 with two sureties and a deposit of Rs 5,000 with the Advocates’ Association, subject to verification of their criminal antecedents. If the petitioners are found to have more cases than disclosed, the bail will not be confirmed; otherwise, it will be confirmed. The order directs the trial court to verify antecedents and act accordingly.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged recovery of liquor justifies denial of bail given the petitioners' prior criminal antecedents.
- Whether the conditions imposed by the court under Section 482(2) of the CrPC are appropriate.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- criminal antecedent
- Bihar Prohibition and Excise Act
- CrPC Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6765 of 2026
Arising Out of PS. Case No.-112 Year-2025 Thana- Excise Benipatti District- Madhubani
======================================================
1. Lalu Mukhiya S/o- Ram Khelvan Mukhiya Village- Lohiya Chowk PS-
Benipatti District- Madhubani
2. Raman Mukhiya @ Raman Kumar S/o- Lalu Mukhiya Village- Lohiya
Chowk PS-Benipatti District- Madhubani
3. Rahul Mukhiya @ Rahul Kumar S/o- Indal Mukhiya Village- Lohiya Chowk
PS-Benipatti District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash
For the Opposite Party/s : Ms. Gulnar Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-02-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no.1 and 2 have antecedent of two cases under the
Excise Act and petitioner no.3 has antecedent of one case under
the Excise Act and allegation is of recovery of 19.275 litres of
liquor from a place near Piluahi Pokhar. It is next submitted
that petitioners were not arrested from the spot as such nothing
Patna High Court CR. MISC. No.6765 of 2026(2) dt.04-02-2026
2/3
was recovered from their conscious possession and even alleged
recovery is from a place which does not belong to the
petitioners and is accessible to villagers at large and they came
to be implicated based on secret information which is the easiest
way to implicate someone without holding a proper
investigation. It is also submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned Court below
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) each 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
Benipatti Excise P.S. Case No.112/2025, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
Patna High Court CR. MISC. No.6765 of 2026(2) dt.04-02-2026
3/3
6. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioner no.1 and 2 have
antecedent of more than two cases and petitioner no.3 has
antecedent of more than one case, in that event, it would be
presumed that petitioners had concealed their antecedent before
this court, as such, the provisional anticipatory bail order shall
not be confirmed with but if after verification it is found that
petitioner no.1 and 2 have antecedent of two cases and
petitioner no.3 has antecedent of one case, in that event the
provisional anticipatory bail order shall be confirmed forthwith.
7. At this stage, the learned counsel for the petitioners,
based on instruction, undertakes to deposit an amount of
Rs.5000/- with Advocates’ Association, Patna High Court within
a period of two weeks from today.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…