Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that, given the petitioner’s clean antecedent and lack of possession at the time of arrest, provisional anticipatory bail may be granted subject to verification of antecedent and compliance with bond conditions.
Summary
Mukesh Kumar was implicated in a case under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly recovering 110 litres of liquor from a riverbank. He applied for anticipatory bail, asserting a clean criminal record and that the alleged liquor was not in his possession nor on his property. The State opposed the bail. The Court examined the petitioner's claim of innocence, the role of the chawkidar in lodging the FIR, and the absence of any seized contraband from the petitioner. It ordered provisional anticipatory bail, requiring a bail bond of Rs.500 with two sureties, subject to verification of the petitioner's antecedent. The order further stipulated that if any prior case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted under Section 438 Cr.P.C. in the present case involving alleged narcotic and excise offences.
- Whether the petitioner’s clean antecedent and lack of possession at the time of arrest justify the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- criminal antecedent
- narcotic offences
- Bihar law
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17818 of 2026
Arising Out of PS. Case No.-470 Year-2025 Thana- TURKAULIYA District- East
Champaran
======================================================
Mukesh Kumar S/O Shivpujan Mukhiya Resident of Village- Balahi, P.S.-
Turkauliya, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-03-2026 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 Sections 274, 275
and 3(5) of the BNS as well as Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 110 litres of liquor from a bush near the bank of
Dhanauti River.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.17818 of 2026(2) dt.19-03-2026
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and is accessible to villagers at large. It is further submitted that
petitioner came to be implicated at the instance of the
Chawkidar but then it is submitted that if the Chawkidar was
aware of the involvement of the petitioner in the occurrence
then why he did not inform the police prior to the institution of
the instant FIR which casts an aspersion on the case of the
prosecution. It is next submitted that it appears that the
Chawkidar, in order to save the real culprits, falsely implicated
the petitioner who is a person with clean antecedent.
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 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 Turkauliya P.S. Case No. 470 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./482(2) of the B.N.S.S.
7. It is made clear that thereafter the learned Trial
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Court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of even one case, 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 is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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