Patna High Court
Mukesh Kumar @ Mukesh RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to verification of the petitioner’s criminal antecedents and compliance with conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Mukesh Kumar, sought anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged recovery of 100 litres of liquor from a public area. He contended that the liquor was not in his possession, the recovery site did not belong to him, and that the complaint was filed by a chowkidar with whom he has an inimical relationship, raising doubts about the prosecution’s case. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on furnishing bail bonds of Rs.5,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. The order stipulated that if more than one prior case is found, the bail would not be confirmed; otherwise it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022
- Whether the petitioner’s lack of possession and the circumstances of the FIR justify the grant of bail
- What conditions may be imposed under Section 482(2) of the B.N.S.S. for provisional bail
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- criminal antecedent
- bail conditions
- public place
- chowkidar
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14893 of 2026
Arising Out of PS. Case No.-921 Year-2025 Thana- MANER District- Patna
======================================================
Mukesh Kumar @ Mukesh Ray Son of Baban Ray @ Baban Raay R/o -
Hulasi Tola, P.S. - Maner, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saroj Kumar Choudhary
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1
======================================================
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 (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 100 litres of liquor from Diyara area.
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
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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.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 Maner P.S. Case No.921/2025, 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
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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
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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