Patna High Court
CR. MISC./55440/2026 of Ramesh Mukhiya @ Ramesh Kumar Vs The State of Bihar on 7 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55440 of 2026 Arising Out of PS. Case No.-407 Year-2025 Thana- SANGRAMPUR District- East Champaran ====================================================== Ramesh Mukhiya @ Ramesh Kumar S/o Dewan Mukhiya @ Devan Bin Resident of village -
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55440 of 2026
Arising Out of PS. Case No.-407 Year-2025 Thana- SANGRAMPUR District- East Champaran ======================================================
Ramesh Mukhiya @ Ramesh Kumar S/o Dewan Mukhiya @ Devan Bin Resident of village - Koirgawa Bin Toli Sangrampur, P.S - Sangrampur, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Abhishek Kumar
For the Opposite Party/s :
Ms. Renuka Ratnakar(App125)
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
07-08-2026
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 Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that petitioner has antecedent of five cases, out of which, four cases are under the Excise Act and allegation is of recovery of 444 litres of liquor from a paddy field behind the house of Kolai Mukhiya.
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 alleged Patna High Court CR. MISC. No.55440 of 2026(2) dt.07-08-2026
recovery is from a place which does not belong to the petitioner and is accessible to villagers at large and he came to be implicated at the instance of chowkidar with whom he is on an inimical term. It is also submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either through chowkidar, local person, confessional statement or secret information without holding a proper investigation.
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 within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty 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 Sangrampur P.S. Case No.407/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
7. It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the Patna High Court CR. MISC. No.55440 of 2026(2) dt.07-08-2026
event if it is found that petitioner has antecedent of more than five cases, in that event, it would be presumed that petitioner had concealed his antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner has antecedent of five cases, in that event the provisional anticipatory bail order shall be confirmed forthwith.
amit/- (Satyavrat Verma, J) U T