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Patna High Court

MUKESH KUMARversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court ordered provisional anticipatory bail, subject to verification of antecedents, with confirmation contingent on the petitioner having exactly two prior cases.

Summary

Mukesh Kumar sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, where 54.75 litres of liquor were allegedly recovered from a public bamboo orchard not in his possession. He argued that the complaint was based on a hostile chowkidar’s statement, lacked proper investigation, and that he had only two prior excise cases. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs 10,000 with two sureties and that the trial court verify his criminal antecedents. If more than two prior cases are found, the bail will not be confirmed; if exactly two, it will be confirmed. The order was made under the inherent powers of the court as per Section 482(2) of the B.N.S.S.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
  • Whether the alleged recovery of liquor from a public place and the absence of possession affect the grant of bail.
  • Whether the petitioner’s prior criminal antecedents (two excise cases) justify denial or confirmation of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482
  • criminal antecedent
  • bail conditions
  • public place
  • liquor recovery

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14895 of 2026
                     Arising Out of PS. Case No.-3 Year-2026 Thana- MEHSI District- East Champaran
                 ======================================================
                 MUKESH KUMAR Son of Bikhari Sah @ Bhikhari Sah Resident of Village -
                 Mohabbat Chhapra, P.S.- Mehsi, District - East Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Suraj Kumar Tiwari
                 For the Opposite Party/s :       Mr. Arun Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-03-2026                  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, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 54.75 litres of liquor from a bamboo

                   orchard. It is next submitted that petitioner was not arrested

                   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

                   with whom he is on an inimical term. It is next submitted that if
Patna High Court CR. MISC. No.14895 of 2026(2) dt.16-03-2026
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          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. 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.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. 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.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 Mehsi P.S. Case No.03/2026, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than
             Patna High Court CR. MISC. No.14895 of 2026(2) dt.16-03-2026
                                                         3/3




                       two 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 two

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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