Patna High Court
Mukesh Yadav @ Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail subject to bond, sureties and verification of the petitioner's antecedent.
Summary
Mukesh Yadav sought anticipatory bail fearing arrest in a case under Section 47(a) of the Bihar Excise Act for allegedly possessing 30 litres of liquor in his cattle shed. He argued he has a clean antecedent, the liquor was not in his immediate possession, and the shed is accessible to villagers who might have planted the liquor. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his criminal antecedent within six weeks. If any antecedent is discovered, the bail will not be confirmed; if he is found clean, the bail will be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS in a case under Section 47(a) of the Bihar Excise Act
- Whether the circumstances of alleged possession and the petitioner's antecedent justify the grant of anticipatory bail
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 47(a)
- BNSS
- Section 482(2)
- criminal antecedent
- liquor possession
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1722 of 2026
Arising Out of PS. Case No.-10 Year-2016 Thana- GOVERNMENT OFFICIAL COMP.
District- Jamui
======================================================
Mukesh Yadav @ Mukesh Kumar S/o Ambika Yadav @ Amerika Yadav R/o
Village - Panchmahua, P.S - Sikandara, District - Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madan Mohan, Advocate
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-01-2026 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 Section 47(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 30 liters of liquor from cattle shed of the petitioner.
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 cattle shed is a
place outside the house and thus is accessible to villagers at
large. It is next submitted that no prudent person would use his
Patna High Court CR. MISC. No.1722 of 2026(2) dt.22-01-2026
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own premises for committing an occurrence and thus would
create evidence against himself and hence would get implicated,
it is also submitted that it appears that some villagers inimical to
the family of the petitioner concealed meager amount of liquor
with an intent to implicate the entire family and petitioner came
to be implicated based on secret information which is the easiest
way to implicate someone.
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.
500/- (Rupees Five Hundred) 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 Case No.
10C2 of 2016 subject to the conditions as laid down under
Section 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
in the event if it is found that petitioner has antecedent of even
Patna High Court CR. MISC. No.1722 of 2026(2) dt.22-01-2026
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one case 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 is a person with clean
antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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