Allowed¶19

Mukesh Mukhiya v. The State of Bihar

Patna HC20 Jan 2026CR. MISC./1023/2026

Case brief

AI extract

What is this about?

What did the court decide?

Provisional anticipatory bail: release upon arrest or surrender before the learned Trial Court within six weeks, on bail bonds of Rs. 500/- with two sureties of the like amount each, subject to the conditions under Section 482(2) BNSS; confirmation contingent on Trial Court verification of clean criminal antecedents. ¶19

Mukesh Mukhiya Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who apprehends arrest in Patauna P.S. Case No. 80 of 2025 registered for offences punishable under Sections 274, 275 and 3(5) of the BNS read with Section 30(a) of the Bihar Excise Act, should be granted anticipatory bail.

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Court's answer

In the event of the petitioner's arrest or surrender before the learned Trial Court within six weeks, the petitioner is to be released on provisional anticipatory bail on furnishing bail bonds of Rs. 500/- with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) BNSS.

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Ratio / Principle

The Trial Court shall thereafter verify the petitioner's criminal antecedents: if even one prior case is found, it would be presumed that the petitioner concealed his antecedents for the purpose of seeking anticipatory bail and the provisional anticipatory bail order shall not be confirmed; if verification shows a clean record, the provisional order shall be confirmed forthwith.

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Detailed headnote1 paragraphs

ANTICIPATORY BAIL - PROVISIONAL GRANT SUBJECT TO ANTECEDENT VERIFICATION (Patna High Court, Satyavrat Verma, J, oral order dt. 20-01-2026): Considering an application by Mukesh Mukhiya apprehending arrest in Patauna P.S. Case No. 80 of 2025 (District Madhubani), registered for offences punishable under Sections 274, 275 and 3(5) of the BNS read with Section 30(a) of the Bihar Excise Act, with alleged recovery of 18 liters of liquor from a motorcycle, counsel contended the petitioner was not apprehended from the spot, nothing was recovered from his conscious possession, and he was implicated merely as owner of the seized vehicle, being unaware that Ram Briksha Mahto would misuse it. The Court directed that, on arrest or surrender before the Trial Court within six weeks, the petitioner be released on provisional anticipatory bail on bonds of Rs. 500/- (two like sureties), subject to Section 482(2) BNSS conditions, and made clear that the Trial Court shall verify criminal antecedents: any prior case would be presumed concealed antecedent and the provisional order not confirmed, while a verified clean record would lead to confirmation forthwith.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1023 of 2026

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Arising Out of PS. Case No.-80 Year-2025 Thana- Patauna District- Madhubani

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======================================================

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Mukesh Mukhiya S/o- Muneshwar Mukhiya Resident of Village- Sohans, P.S.- Bisfi, District- Madhubani

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 20-01-2026

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 274, 275 and 3(5) of the BNS read with Section 30(a) of the Bihar Excise Act.

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Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 18 liters of liquor from a motorcycle.

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Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of the seized vehicle. It is next submitted that no prudent person would use

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Patna High Court CR. MISC. No.1023 of 2026(2) dt.20-01-2026 2/3

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his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated, it is also submitted that petitioner was completely unaware that Ram Briksha Mahto would misuse the vehicle in the manner as alleged.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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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 Patauna P.S. Case No. 80 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.

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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

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Patna High Court CR. MISC. No.1023 of 2026(2) dt.20-01-2026 3/3

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antecedent before this Court, as such, the provisional 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.

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(Satyavrat Verma, J)

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Rishabh/-

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U T

Mukesh Mukhiya v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mukesh Mukhiya v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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