Patna High Court
CR. MISC./39438/2026 of Krishna Mukhia Vs The state of bihar on 16 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39438 of 2026 Arising Out of PS. Case No.-97 Year-2026 Thana- CHIRAIYA District- East Champaran ====================================================== Krishna Mukhia S/O Jitan Mukhia Resident of village - Sundarpur Khap, P.S. - Chiraiya,
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39438 of 2026
Arising Out of PS. Case No.-97 Year-2026 Thana- CHIRAIYA District- East Champaran ======================================================
Krishna Mukhia S/O Jitan Mukhia Resident of village - Sundarpur Khap, P.S.
- Chiraiya, District - East Champaran
... ... Petitioner/s
Versus
The state of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Manoj Kumar, Advocate
For the Opposite Party/s :
Mr. Md. Nazir Ansari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
16-07-2026
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 (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases out of which one case is under the Excise Act as would manifest from the supplementary affidavit and allegation is of recovery of 23.75 litres of liquor from the shop of the petitioner.
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 shop is a place where customers in large number come for eating meat and bhunja and it might be a possibility that some customers might Patna High Court CR. MISC. No.39438 of 2026(3) dt.16-07-2026
have brought the liquor and fearing the police left it near the shop. It is further submitted that no prudent person would use his own business premises for committing an occurrence and, thus, would create evidence against himself and, hence, would get implicated and at the same time shall bring disrepute to his business.
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 appearing on behalf of 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 Chiraiya P.S. Case No. 97 of 2026, 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. However, 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 Patna High Court CR. MISC. No.39438 of 2026(3) dt.16-07-2026
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 two cases in that event the provisional anticipatory bail order shall be confirmed forthwith.
Kundan/- (Satyavrat Verma, J) U T