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Patna High Court

Mukesh Gond @ Lali GondversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

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

Summary

The petitioners, Mukesh Gond and Devendra Yadav, sought anticipatory bail in connection with a case alleging possession of 137.64 litres of illicit English wine under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. They contended they were not present at the scene and had no conscious possession, asserting innocence. The State opposed bail, noting the seriousness of the excise offence but acknowledged the petitioners' clean antecedent in excise matters, except for one prior non‑excise case. The court considered the provisions of Section 2(1)(d) of the Bihar Narcotic and Smuggling (BNSS) Act, 2023 and the conditions under Section 482(2) of the same Act. It granted anticipatory bail to both petitioners, subject to a Rs.30,000 bail bond and verification of any concealed criminal antecedent, with the trial court empowered to cancel bail if such antecedent is discovered. The order emphasized that acceptance of bail bonds should not be delayed for verification purposes.

Issues considered

  • Whether anticipatory bail can be granted under Section 2(1)(d) of the BNSS, 2023 to persons alleged to be involved in an illicit liquor offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
  • Whether the petitioners' criminal antecedent, including a prior non‑excise case, disqualifies them from anticipatory bail.
  • What conditions should be imposed on the anticipatory bail, including verification of antecedent and potential cancellation.

Subjects

  • anticipatory bail
  • excise law
  • illicit liquor
  • criminal antecedent
  • bail conditions
  • Bihar Prohibition and Excise Act
  • BNSS 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21825 of 2026
                    Arising Out of PS. Case No.-8 Year-2026 Thana- Ramdas Rai Ka Dera District- Buxar
                 ======================================================
           1.     Mukesh Gond @ Lali Gond S/o Gorakh Gond @ Rajesh Gond Resident of
                  Village - Gangauli, Police Station - Ram Das Rai K Dera, District - Buxar
           2.     Pradhan @ Devendra Yadav S/o Sri Bhagwan Yadav Resident of Village -
                  Gangauli, Police Station - Ram Das Rai K Dera, District - Buxar
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Shashank Shekhar, Adv.
                 For the Opposite Party/s :        Mr.Kumar Ranjit Ranjan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   08-04-2026                      Heard Learned Counsel for the petitioners and

                   Learned APP for the State.

                                2. The petitioners are apprehending arrest in

                   connection with Ram Das Rai K Dera P.S. Case No.08 of 2026

                   lodged on 22.02.2026, for the offences punishable under Section

                   30(a) of the Bihar Prohibition and Excise Act, 2018.

                                3. As per the prosecution, the total recovery of 137.64

                   litres of illicit English wine have been alleged to be made from a

                   jute bag, which is the subject matter of the present case.

                                4. Learned Counsel for the petitioners submits that

                   the petitioners are innocent and have committed no offence.

                   Counsel also submits that the petitioners were not present on the

                   spot and their name has transpired only due to confessional
Patna High Court CR. MISC. No.21825 of 2026(2) dt.08-04-2026
                                            2/3




          statement of apprehended accused. He further submits that

          nothing has been recovered from conscious possession of the

          petitioners.

                       5. Counsel submits that petitioner No.1 has one

          criminal antecedent other than excise matter, in which he is on

          bail and petitioner No.2 has clean antecedent.

                       6. Learned APP for the State opposes the prayer for

          bail of the petitioners and submits that antecedent of petitioners

          with regard to excise matter, is clean.

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

          this case, let the above named petitioners 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)

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

          satisfaction of Exclusive Special Excise Court-2, Buxar, in

          connection with Ram Das Rai K Dera P.S. Case No.08 of 2026,

          subject to the conditions as laid down U/s 482(2) of the BNSS,

          2023.

                       And further condition that the Trial Court shall verify

          the criminal antecedent of the petitioners relating to excise

          matter and in case at any stage, it is found that the petitioners

          have concealed their criminal antecedent, the Trial Court shall

          take step for cancellation of bail bond of the petitioners.

          However, the acceptance of bail bonds in terms of the above-
           Patna High Court CR. MISC. No.21825 of 2026(2) dt.08-04-2026
                                                       3/3




                     mentioned order shall not be delayed for purpose of or in the

                     name of verification.



                                                             (Dr. Anshuman, J)
Prakashmani/-

U      T


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