Patna High Court
Mukesh RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties and verification of the petitioner’s criminal antecedent.
Summary
Mukesh Rai was implicated in a case (PS‑513/2025) for allegedly transporting 30 litres of liquor in a motorcycle, under Section 30(a) of the Bihar Excise Act. He contended that the liquor was recovered from the vehicle, not from his conscious possession, and that he was unaware of any misuse by a co‑accused named Raushan. The petitioner, who has nine prior criminal cases (six under the Excise Act), sought anticipatory bail, arguing that ownership of the vehicle alone should not constitute evidence against him. The State opposed the bail. Justice Verma granted provisional anticipatory bail, subject to a bail bond of Rs 45,000 with two sureties, and directed the trial court to verify the petitioner’s antecedent; if more than nine cases are found, the bail would not be confirmed. The order was made under Section 482(2) of the BNSS, pending final verification.
Issues considered
- Whether anticipatory bail can be granted to a person alleged to be in possession of illicit liquor when the alleged contraband was recovered from a vehicle he owns but not from his personal possession.
- Whether the petitioner’s prior criminal antecedent of nine cases affects the grant of anticipatory bail under Section 482(2) of the BNSS.
Subjects
- anticipatory bail
- excise law
- possession
- vehicle ownership
- criminal antecedent
- Section 30
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13941 of 2026
Arising Out of PS. Case No.-513 Year-2025 Thana- LALGANJ District- Vaishali
======================================================
Mukesh Rai S/o Daroga Rai R/o Village- Jafarabad, P.S.- Lalganj, Dist-
Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aniket Singh, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-03-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of nine cases out of which six cases
are under the Excise Act and allegation is of recovery of 30
liters of liquor from a motorcycle.
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 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
Patna High Court CR. MISC. No.13941 of 2026(2) dt.12-03-2026
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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
Raushan would misuse the vehicle in the manner as alleged who
was also apprehended from the spot. It is also submitted that
once an accused is implicated in a case relating to excise, the
police starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
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.
45,000/- (Rupees Forty 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
Lalganj P.S. Case No. 513 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
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Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than nine cases 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
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of nine
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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