Patna High Court
MUKESH KUMAR @ MUKESH KUMAR YADAVversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
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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