Lalan Mukhiya v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA Mr. Rajesh Kumar, Advocate Mr. Shailendra Kumar, APP ORAL ORDER 2 22-01-2026

#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 of the Bihar Excise Act.

#3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 25 liters of liquor from bank of Tilwa river.

#4. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and even 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 Chowkidar, but then it is submitted that if Patna High Court CR. MISC. No.1696 of 2026(2) dt.22-01-2026 Chowkidar was aware of the involvement of the petitioner in the occurrence then why he did not inform the police prior to institution of the instant FIR which casts an aspersion on the case of the prosecution.

#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. 500/- (Rupees Five Hundred) 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. 53 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 even one case 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 Patna High Court CR. MISC. No.1696 of 2026(2) dt.22-01-2026 anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Rishabh/- U T