Patna High Court
Nandan MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that the petitioner is entitled to provisional anticipatory bail subject to conditions, pending verification of his antecedents.
Summary
The petitioner, Nandan Mukhiya, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly having 7.45 litres of liquor recovered from a motorcycle he owned. He argued that he was not in possession of the liquor, was unaware of his friend's misuse of the vehicle, and has a clean criminal record. The State opposed his application for anticipatory bail. The Court considered the lack of conscious possession and the petitioner's clean antecedent and granted provisional anticipatory bail, requiring a bail bond of Rs.500 with two sureties and subject to verification of his antecedents. The order further stipulated that if any prior case is discovered, the bail may be cancelled, otherwise it will be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in a case of alleged possession of liquor under the Bihar Prohibition and Excise Act
- Whether ownership of the vehicle used in the alleged offence constitutes sufficient grounds for arrest and denial of bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Bihar Prohibition and Excise Act
- possession
- vehicle ownership
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90685 of 2025
Arising Out of PS. Case No.-234 Year-2025 Thana- KUSHESHWARASTHAN District-
Darbhanga
======================================================
Nandan Mukhiya S/o- Shivaji Mukhiya Resident of village- Aurahi Police
Station - Kushesharasthan District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mili Kumari, Advocate
For the Opposite Party/s : Ms. Asha Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-01-2026 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 Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 7.45 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that he is
owner of the seized vehicle. It is next submitted that no prudent
person would use his own vehicle for committing an occurrence
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and thus would create evidence against himself and hence
would get implicated. It is also submitted that petitioner was
completely unaware that his friend would misuse the vehicle in
the manner as alleged.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.500/- (Rupees One 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
Kusheshwarasthan P.S. Case No. 234 of 2025, subject to the
conditions as laid down under Section 438(2) of the Cr.P.C.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed his antecedent
before this Court at para 3 of the anticipatory bail application in
that event the provisional anticipatory bail order shall not be
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confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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