Patna High Court
Bishwanath MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of antecedents and compliance with bail conditions.
Summary
The petitioner, Bishwanath Mukhiya, feared arrest in a case registered under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act for alleged recovery of 60 litres of liquor from the Gandak river and 300 litres of liquor‑manufacturing liquid, which were destroyed. He argued that no liquor was found in his possession, the alleged recovery site was public land, and the informant’s identity was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.35,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If more than seven prior cases are found, the bail would be revoked; if exactly seven, the bail would be confirmed. The order is subject to the provisions of Section 482(2) of the Code of Criminal Procedure.
Issues considered
- Whether anticipatory bail can be granted when the alleged offence under the Bihar Prohibition and Excise Act lacks recovery of the contraband from the accused’s possession.
- Whether the petitioner’s criminal antecedent of up to seven prior cases affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- liquor seizure
- criminal antecedent
- Section 482 CrPC
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79470 of 2025
Arising Out of PS. Case No.-89 Year-2025 Thana- SANGRAMPUR District- East
Champaran
======================================================
Bishwanath Mukhiya S/O Shovan Mukhiya R/O Village- Sangram Pur Bin
Toli, P.S- Sangaram Pur, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava
For the Opposite Party/s : Mr. Rajendra Prasad Nat
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 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), 32,
41(1) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of seven cases and allegation is of
recovery of 60 litres of liquor from bank of Gandak river and
300 litres of liquid used for manufacturing liquor which was
destroyed. 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
Patna High Court CR. MISC. No.79470 of 2025(3) dt.19-01-2026
2/3
large and he came to be implicated at the instance of local
person but the name of person who disclosed the name of the
petitioner is not disclosed in the FIR, which casts an aspersion
on the case of the prosecution.
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.35,000/- (Rupees thirty five 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
Sangrampur P.S. Case No.89/2025, 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
event if it is found that petitioner has antecedent of more than
seven 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
Patna High Court CR. MISC. No.79470 of 2025(3) dt.19-01-2026
3/3
on verification it is found that petitioner has antecedent of seven
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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