Pawan MukhiyaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84430 of 2025
                  Arising Out of PS. Case No.-269 Year-2025 Thana- KUNDWACHAINPUR District- East
                                                       Champaran
                 ======================================================
                 Pawan Mukhiya Son of Vishundev Mukhiya @ Vishundav Mukhiya Resident
                 of Village - Bakhari Khajuri, P.S. - Dhaka, District - East Champaran.

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Abhay Kumar Mishra
                 For the Opposite Party/s :     Mr.Suresh Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   19-01-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of five cases under the Excise Act

                   and allegation is of recovery of 171 litres of liquor from a

                   motorcycle.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and is not the owner of

                   the seized vehicle and he came to be implicated based on secret
Patna High Court CR. MISC. No.84430 of 2025(3) dt.19-01-2026
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          information, which is the easiest way to implicate someone. It is

          next submitted that police in majority of cases implicating

          innocent persons either at the behest of Chaukidar, local person,

          secret information and confessional statement in a mechanical

          manner without holding a proper investigation.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.25,000/- (Rupees Twenty 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 Kundwa Chainpur P. S. Case No.269 of 2025,

          subject to the conditions laid down under Section 438(2) of the

          Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is
               Patna High Court CR. MISC. No.84430 of 2025(3) dt.19-01-2026
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                         found that petitioner has antecedent of more than five cases,

                         then it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of five cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.


                                                   (Satyavrat Verma, J)
vikash/-

U          T