Patna High Court

Mukesh Kumar @ Mukesh Kumar RayversusThe State of Bihar

Decided: 25 March 2026
Disposal: BAIL GRANTED
Bench: ANSHUMAN

Holding

The court granted anticipatory bail to the petitioner subject to a bail bond of Rs.30,000 and conditions under Section 2(1)(d) and Section 482(2) of the BNSS, 2023.

Summary

The petitioner, Mukesh Kumar, was implicated in a case (Malsalami PS Case No.548 of 2025) for allegedly possessing 10 litres of mahua liquor contravening Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. He claimed innocence, arguing that the liquor was not in his conscious possession and that his name appeared only because a co‑accused disclosed it. The State opposed his bail, noting a pending criminal case against him. The court considered the merits of granting anticipatory bail despite the pending case and the nature of the alleged offence. It ordered that the petitioner be released on anticipatory bail, subject to a Rs.30,000 bail bond and conditions prescribed under Section 2(1)(d) and Section 482(2) of the BNSS, 2023.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the BNSS, 2023 in an excise offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
Whether the existence of a pending criminal case against the petitioner precludes the grant of anticipatory bail.
Whether the alleged possession of the liquor was in the petitioner’s conscious possession.

Legislation cited

Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
BNSS, 2023 — s. 2(1)(d), 482(2)

Subjects

anticipatory bail
excise offence
conscious possession
pending criminal case
Bihar Prohibition and Excise Amendment Act
BNSS 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15847 of 2026
                      Arising Out of PS. Case No.-548 Year-2025 Thana- MALSALAMI District- Patna
                 ======================================================
                 Mukesh Kumar @ Mukesh Kumar Ray Son of Ram Dayal Ray Resident of
                 Village - Sharifa Ganj, Police Station - Malsalami, District -Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shakil Ahmad Khan, Adv.
                 For the Opposite Party/s :       Mr.Dilip Kumar No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   25-03-2026                      Heard Learned Counsel for the petitioner and

                   Learned APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Malsalami P.S. Case No.548 of 2025 lodged on

                   23.10.2025, for the offences punishable under Section 30(a) of

                   the Bihar Prohibition and Excise Amendment Act, 2022.

                                3. As per the prosecution, the recovery of total 10

                   liters mahua liquor have alleged to be made from a white

                   polythene, which is subject matter of the present case.

                                4. Learned Counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel

                   also submits that the petitioner has been falsely implicated in the

                   present. The said recovery has not been made in conscious

                   possession of the petitioner. He further submits that petitioner’s
           Patna High Court CR. MISC. No.15847 of 2026(2) dt.25-03-2026
                                                       2/2




                     name has come in this case by virtue of discloser of co-accused.

                                  5. Counsel submits that the criminal antecedent of the

                     petitioner is not clean as there is one criminal case (other than

                     excise matter) pending against him, in which he is on bail.

                                  6. Learned APP for the State opposes the prayer for

                     bail of the petitioner.

                                  7. As such, in the present facts and circumstances of

                     this case, let the above named petitioner be released on

                     anticipatory bail, in the event of arrest or surrender before the

                     learned Court below within a period of 4 weeks from today, on

                     furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)

                     as mentioned in Section 2(1)(d) of the BNSS, 2023 to the

                     satisfaction of Exclusive Special Court of Excise Patna City, in

                     connection with Malsalami P.S. Case No.548 of 2025, subject to

                     the conditions as laid down U/s 482(2) of the BNSS, 2023.



                                                             (Dr. Anshuman, J)
Prakashmani/-

U      T

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Lawyer court records for this case

Associated through the court’s case reference.

Shakil Ahmad Khan