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Patna High Court

Lal Bihari Mukhiya @ Lalbihari NishadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bail bond, sureties and verification of his criminal antecedent.

Summary

The petitioner, Lal Bihari Mukhiya, sought anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 23,400 litres of liquor from a plastic sack. He contended that the liquor was not in his conscious possession, the seizure occurred at a location not belonging to him, and the complainant (chawkidar) failed to inform police earlier, casting doubt on the prosecution’s case. The State opposed the bail, arguing the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on furnishing a bail bond of Rs.5,000 with two sureties and compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The order further directed the trial court to verify the petitioner’s criminal antecedent; if more than one prior case is found, the bail would not be confirmed, otherwise it would be confirmed forthwith. The decision reflects the Court’s balancing of the petitioner’s right to liberty against the need for a thorough investigation.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise Act.
  • Whether the alleged facts constitute sufficient ground to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Criminal Procedure Code
  • BNSS Act
  • liquor seizure
  • bail conditions
  • police investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91170 of 2025
                   Arising Out of PS. Case No.-490 Year-2025 Thana- BAIRIYA District- West Champaran
                 ======================================================
                 Lal Bihari Mukhiya @ Lalbihari Nishad S/O Late Ganesh Mukhiya @
                 Ganesh Nishad R/o Village- Bairiya Tiwari Tola, P.s.- Bairiya, District- West
                 Champaran
                                                                              ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raki Alam, Advocate
                 For the Opposite Party/s :       Mr. Shyam Bihari Singh, A.P.P.
                 ======================================================
                 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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 23.400 litres of liquor from a plastic

                   sack.

                                4. Learned counsel for the petitioner submits that

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

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and he came to be implicated at the instance of the Chawkidar
Patna High Court CR. MISC. No.91170 of 2025(2) dt.12-01-2026
                                            2/3




          but then it is submitted that if Chawkidar 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

          further submitted that once an accused is implicated in a case

          relating to excise the police start implicating mechanically either

          at the instance of the Chawkidar, local person, secret

          information or confessional statement without holding a proper

          investigation of the case.

                       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.5,000/- (Rupees 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 Bairiya

          P.S. Case No. 490 of 2025, subject to the conditions as laid

          down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.

                       7. It is made clear that thereafter the learned trial
           Patna High Court CR. MISC. No.91170 of 2025(2) dt.12-01-2026
                                                       3/3




                     court shall verify the criminal antecedent of the petitioner and if

                     it is found that petitioner has antecedent of more than 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 confirmed but if it is found on verification that

                     petitioner has antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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