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Patna High Court

Rakesh Mukhiya @ Rakesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to conditions and verification of the petitioner’s antecedent.

Summary

The petitioner, Rakesh Mukhiya, was implicated in a case under Sections 30(a), 32 and 41(1) of the Bihar Excise Act for the alleged recovery of 2.35 litres of liquor from a motorcycle he owned. He contended that he had a clean antecedent, was not in possession of the liquor, and was unaware that his friend misused the vehicle. The petitioner argued that the FIR did not disclose the informant, casting doubt on the prosecution's case. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and directed the trial court to verify the petitioner’s antecedent; if any antecedent is found, the bail will not be confirmed, otherwise it will be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the applicable provisions given the alleged offences under the Bihar Excise Act.
  • Whether the ownership of the vehicle, without actual possession of the liquor, suffices to justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • liquor seizure
  • vehicle ownership
  • clean antecedent
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90874 of 2025
                  Arising Out of PS. Case No.-493 Year-2025 Thana- MUFFASIL District- West Champaran
                 ======================================================
                 Rakesh Mukhiya @ Rakesh Kumar Son of Late Vishwanath Mukhiya
                 Resident of Vill. - Pipara, Ward No. 44, P.S. - Bettiah Muffasil, Dist. - West
                 Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjeev Kumar, Advocate
                 For the Opposite Party/s :       Mr. Awadhesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-01-2026                  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 offences punishable under Sections 30(a), 32

                   and 41(1) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 2.35 liters of liquor from a motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and he 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
Patna High Court CR. MISC. No.90874 of 2025(2) dt.12-01-2026
                                            2/3




          his own vehicle for committing an occurrence 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 and

          he came to be implicated at the instance of local person, but

          then the name of the person who disclosed the name of the

          petitioner is not disclosed in the FIR which casts an aspersion

          on the case of the prosecution.

                       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, 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 Five Hundred) 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 Bettiah

          Muffasil P.S. Case No. 493 of 2025 subject to the conditions as

          laid down under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and
            Patna High Court CR. MISC. No.90874 of 2025(2) dt.12-01-2026
                                                        3/3




                      in the event if it is found that petitioner has antecedent of even

                      one case then it would be presumed that petitioner, for the

                      purposes of seeking anticipatory bail, had concealed his

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner is a person with clean

                      antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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