Patna High Court

Mukesh KumarversusThe State of Bihar

Decided: 24 February 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with bail conditions.

Summary

Mukesh Kumar, the owner of a motorcycle from which 52.185 litres of liquor was seized, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise Act. He argued that he was not in possession of the liquor, was unaware of his friend’s misuse of the vehicle, and that ownership alone should not make him culpable. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one antecedent exists, the bail will be confirmed. The order is subject to the provisions of Section 482(2) of the B.N.S.S.

Issues considered

Whether the owner of a vehicle from which liquor is seized can be granted anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
liquor seizure
vehicle ownership
Section 30(a)
Section 482
criminal antecedent
Bihar Prohibition and Excise Act
B.N.S.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11615 of 2026
                   Arising Out of PS. Case No.-257 Year-2025 Thana- BAIRIYA District- West Champaran
                 ======================================================
                 Mukesh Kumar S/O Awadhesh Chaudhary Resident of Village - Bhitaha, P.S-
                 Bairiya, Distt- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Niraj Kumar Sharma
                 For the Opposite Party/s :       Mr. Khurshid Anwar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-02-2026                  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 one case and allegation is of

                   recovery of 52.185 litres of liquor from a motorcycle. It is next

                   submitted that petitioner was not arrested 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 his own vehicle for committing an occurrence and thus

                   would create evidence against himself and hence would get
Patna High Court CR. MISC. No.11615 of 2026(2) dt.24-02-2026
                                            2/3




          implicated. It is thus submitted that the petitioner was

          completely unaware that his friend would misuse his vehicle in

          the manner as alleged, who also fled from the spot.

                       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 before the learned Court below

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.5000/- (Rupees 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 Bairiya

          P.S. Case No.257/2025, 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

          one case, 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 one
             Patna High Court CR. MISC. No.11615 of 2026(2) dt.24-02-2026
                                                         3/3




                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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