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Patna High Court

Lalu MukhiyaversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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


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