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Patna High Court

Mukesh Kumar Singh @ Mukesh Singh @ Mukesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail, subject to verification of the petitioner’s antecedent, with bond and surety conditions.

Summary

Mukesh Kumar Singh applied for anticipatory bail after being implicated in a case under Sections 30(a) and 36 of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly transporting 1,364.250 litres of liquor. The petitioner argued that he was not arrested at the spot, did not own the seized vehicle, and that the case was based solely on a confessional statement of an apprehended accused, which he claimed lacks evidentiary value. The State opposed the bail. The Court, considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.35,000 with two sureties and conditioned the order on verification of the petitioner’s criminal antecedent within six weeks. If more than seven prior cases are found, the bail will not be confirmed; if only seven are found, the bail will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the excise case.
  • Whether the confessional statement of an apprehended accused can form the basis for arrest and bail denial.
  • Whether the petitioner’s criminal antecedent (more than seven prior cases) affects the confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • confessional statement
  • criminal antecedent
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1451 of 2026
                      Arising Out of PS. Case No.-524 Year-2025 Thana- JANDAHA District- Vaishali
                 ======================================================
                 Mukesh Kumar Singh @ Mukesh Singh @ Mukesh Kumar Son of
                 Raghuvansh Singh Resident of village - Kalapahar, Police Station - Jandaha,
                 District - Vaishali.
                                                                            ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rishup, Advocate
                 For the Opposite Party/s :       Mr. Binod Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-01-2026                  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

                   36 of the Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of seven cases under the Excise Act

                   and allegation is of recovery of 1364.250 litres of liquor from a

                   truck.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of the seized vehicle and came to

                   be implicated based on the confessional statement of
Patna High Court CR. MISC. No.1451 of 2026(2) dt.21-01-2026
                                            2/3




          apprehended accused in police custody which does not have any

          evidentiary value in the eye of law. It is next submitted that once

          an accused is implicated in a case relating to excise the police

          start implicating mechanically either at the instance of the

          Chawkidar, local person, confessional statement or secret

          information without holding a proper investigation of the case.

                       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, let 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.35,000/- (Rupees Thirty-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

          Jandaha P.S. Case No. 524 of 2025, subject to the conditions as

          laid down under Section 438(2) of the Cr.P.C./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 if

          it is found that petitioner has antecedent of more than seven
           Patna High Court CR. MISC. No.1451 of 2026(2) dt.21-01-2026
                                                       3/3




                     cases, it would be presumed that petitioner had concealed his

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only seven cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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