CR. MISC./17299/2026 of Anirudh Mukhiya @ Anirudh Kumar Mukhiya Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17299 of 2026 Arising Out of PS. Case No.-286 Year-2025 Thana- NAUTAN District- West Champaran ====================================================== Anirudh Mukhiya @ Anirudh Kumar Mukhiya Son of Motilal Mukhiya R/o Village - Shiwrajpur, P.S. - Nautan, Dist. - West Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Niraj Kumar Sharma, Advocate For the Opposite Party/s: Mr. Nand Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 19-03-2026 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) and 41(1) of the Bihar Prohibition and Excise Act. 3.Learned counsel for the petitioner submits that petitioner has antecedent of two cases under the Excise Act and allegation is of recovery of 27.88 litres of liquor from a garden. 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 is accessible to villagers at large. It is further submitted that petitioner came to be implicated at the instance of the Chawkidar with whom he is on an inimical term. It is next Patna High Court CR. MISC. No.17299 of 2026(2) dt.19-03-2026 2/3 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 within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds 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 Nautan P.S. Case No. 286 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S. 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 more than two cases, it would be presumed that petitioner had concealed his antecedent before this Court at para 3 of the anticipatory bail Patna High Court CR. MISC. No.17299 of 2026(2) dt.19-03-2026 3/3 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 two cases in that event the provisional anticipatory bail order shall be confirmed forthwith. Kundan/- (Satyavrat Verma, J) U T