Patna High Court
Chhabila MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of antecedents.
Summary
The petitioner, Chhabila Mukhiya, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with alleged offences under Sections 272 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act, involving the alleged recovery of 350 litres of liquor from a river and 500 litres of semi‑manufactured liquor that was destroyed. The petitioner argued that the liquor was not in his conscious possession, the site was a public place, and he was implicated solely on the basis of a chaukidar’s information and a confessional statement. The State opposed the bail, contending the seriousness of the offences. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs 10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and verification of his criminal antecedents. The court further stipulated that if the petitioner is found to have more than two prior cases, the bail may be revoked; otherwise, the provisional order will be confirmed. The application was therefore allowed.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged offences under Sections 272, 275 B.N.S. and Section 30(a) Excise Act.
- Whether the absence of the alleged contraband in the petitioner’s conscious possession and the public nature of the location justify bail.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 272, 275
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- liquor offences
- possession
- confessional statement
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91279 of 2025
Arising Out of PS. Case No.-506 Year-2025 Thana- BANJARIA District- East Champaran
======================================================
Chhabila Mukhiya S/O Ramayan Mukhiya R/O village-Rohiniya ,P.S-
Banjariya ,District-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.Nand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-01-2026 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
Sections 272 and 275 of the B.N.S. and Section 30(a) of the
Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of two cases and allegation is of
recovery of 350 litres of liquor from bank of Tilawe river along
with 500 litres of semi-manufactured liquor which was
destroyed at the spot.
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 even alleged
Patna High Court CR. MISC. No.91279 of 2025(2) dt.12-01-2026
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recovery is from a place, which does not belong to the petitioner
and is accessible to public at large. 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
proper investigation. It is next submitted that in the instant case
petitioner came to be implicated at the instance of Chaukidar
and confessional statement.
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.10,000/- (Rupees Ten 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 Banjariya P. S. Case No.506 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
Patna High Court CR. MISC. No.91279 of 2025(2) dt.12-01-2026
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accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than two 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 two cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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