Patna High Court
Jatashankar MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Jatashankar Mukhiya, was implicated in a case under Sections 30(a) and 41(i) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged recovery of 40 litres of liquor from a public place. He argued that the liquor was not in his conscious possession, the recovery site did not belong to him, and that the complaint was based solely on the testimony of a chowkidar. The petitioner, who has four prior criminal cases (three under the Excise Act), sought anticipatory bail to avoid arrest. The court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.20,000 with two sureties and directed the trial court to verify his antecedents. The order stipulated that if more than four prior cases are found, the bail would not be confirmed; if exactly four, the bail would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
- Whether the absence of the seized liquor from the petitioner’s possession justifies bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- liquor seizure
- criminal antecedent
- Section 30
- Section 41
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.677 of 2026
Arising Out of PS. Case No.-164 Year-2025 Thana- PALANWA District- East Champaran
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Jatashankar Mukhiya Son of Late Jangbahadur Mukhiya Resident of village -
Parsauna Tapsi, P.S.- Palanwa, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh
For the Opposite Party/s : Mr. Arun Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-01-2026 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 offence punishable under Sections 30(a), 41(i)
of Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases out of which three cases
are under the Excise Act and allegation is of recovery of 40
litres of liquor from a sack from a place near a Dam. 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 and is accessible to public at large and he came to be
implicated at the instance of chowkidar but then if chowkidar
Patna High Court CR. MISC. No.677 of 2026(2) dt.19-01-2026
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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 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 petitioner.
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 from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.20,000/- (Rupees twenty 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
Palanwa P.S. Case No.164/2025, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
Patna High Court CR. MISC. No.677 of 2026(2) dt.19-01-2026
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event if it is found that petitioner has antecedent of more than
four cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of four
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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