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Patna High Court

MUKESH KUMAR @ MUKESH KUMAR YADAVversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to the conditions specified.

Summary

The petitioner, Mukesh Kumar Yadav, was implicated in an excise case where 40 litres of illicit liquor were recovered. He applied for anticipatory bail, arguing that no incriminating material was found in his possession and that his name only surfaced during investigation. The State opposed the bail, contending the seriousness of the offence under Section 30(a) of the Bihar Prohibition and Excise Act. The Court examined the nature of the accusation, the lack of direct evidence against the petitioner, and the provisions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. Considering these factors, the Court granted anticipatory bail, subject to a bond of Rs 10,000, two sureties, and a condition that the petitioner surrender within eight weeks. The order directs the Exclusive Special Judge, Excise Court No. 1, Rohtas, to enlarge bail upon compliance.

Issues considered

  • Whether anticipatory bail can be granted when no incriminating material is found on the accused.
  • Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita permits anticipatory bail in an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • illicit liquor
  • Section 30
  • Section 482
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19926 of 2026
                       Arising Out of PS. Case No.-424 Year-2025 Thana- Excise P.S. District- Rohtas
                 ======================================================
                 MUKESH KUMAR @ MUKESH KUMAR YADAV S/o- Late Pradhan
                 Yadav @ Pradhan Singh R/v- Dahiyar Ps- Sasaram M Dist- Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ashutosh Tripathy, Advocate
                 For the Opposite Party/s :         Ms. Asha Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   08-04-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3. As per prosecution case, 40 litres illicit liquor was

                   recovered from an open place.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. Petitioner has got no concern with

                   the alleged recovery and his name transpired during course of

                   investigation.

                                5. Learned A.P.P. for the State opposed the bail

                   application.

                                6. Considering nature of accusation and place of
              Patna High Court CR. MISC. No.19926 of 2026(2) dt.08-04-2026
                                                          2/2




                        recovery, this anticipatory bail is allowed and it is ordered that

                        let the above named petitioner in the event of his

                        arrest/surrender before the court below within a period of eight

                        weeks from today, be enlarged on bail on furnishing bail-bond

                        of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of Exclusive Special Judge,

                        Excise Court No. 1, Rohtas at Sasaram in connection with

                        Excise Case No. 1291 of 2025 arising out of Sasaram Excise P.

                        S. Case No. 424 of 2025, subject to condition as laid down

                        under Section 482(2) of the Bharatiya Nagarik Suraksha

                        Sanhita.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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