CR. MISC./21138/2026 of BINOD MUKHIYA Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21138 of 2026 Arising Out of PS. Case No.-419 Year-2025 Thana- CHIRAIYA District- East Champaran ====================================================== BINOD MUKHIYA S/o Bhikhari Mukhiya R/o vill - Hansuaaha, P.S.- Muffasil, Motihari, Distt.- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Kumar Vikram For the Opposite Party/s: Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 01-04-2026 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 Section 30(a) of the Bihar Excise Act. 3. Learned counsel for the petitioner submits that the petitioner has antecedent of two cases out of which one case is under the Excise Act, but then it is submitted that inadvertently at para-3 of the anticipatory bail application, it has been pleaded that petitioner has antecedent of one case. It is next submitted that allegation is of recovery of 200 litres of liquor along with 100 litres of semi-prepared liquor from bank of Sarsawa river. 4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was Patna High Court CR. MISC. No.21138 of 2026(2) dt.01-04-2026 2/3 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 public at large and he came to be implicated at the instance of local people, 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, when petitioner has not been implicated based on secret information. 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. 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 Chiraiya P.S. Case No. 419 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 in the event if it is found that petitioner has antecedent of more than two Patna High Court CR. MISC. No.21138 of 2026(2) dt.01-04-2026 3/3 cases 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 has antecedent of two cases in that event the provisional anticipatory bail order shall be confirmed forthwith. 8. Learned counsel for the petitioner is permitted to make rectification with respect to criminal antecedent at para-3 of the anticipatory bail application. Sumit/- (Satyavrat Verma, J) U T