Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Mukesh Kumar, applied for anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing illicit liquor. The police, acting on secret information, recovered four litres of country-made liquor from a container left at the scene, and local residents identified the petitioner as the accused. The petitioner contended that he was falsely implicated due to personal enmity with neighboring shopkeepers and police bias, and that he was not present at the location. The court considered the circumstances, noting that the liquor was found in an open place and the identification was based solely on local testimony. Consequently, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties if arrested or surrendered within four weeks, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC and Section 482(2) BNSS, 2023 in view of the alleged offence under the Bihar Prohibition and Excise Act.
- Whether the identification of the petitioner by local residents suffices to justify denial of anticipatory bail.
Legislation cited
- BNSS, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- Bihar Prohibition and Excise Act
- false implication
- police bias
- excise offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24038 of 2026
Arising Out of PS. Case No.-1029 Year-2025 Thana- PIRBAHOR District- Patna
======================================================
Mukesh Kumar S/o- Vindeshwar Ray @ Dineshwar Ray Resident of -
Nayagaon, P.S.- Pirbahore , Patna , Dist - Patna, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Munna Raj
For the Opposite Party/s : Mr. Damodar Prasad Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 22-04-2026 1. Heard learned Counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Pirbahore Police Station Case No. 1029 of 2025,
disclosing offences under Sections 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the prosecution case, on 19.12.2025,
police acting on secret information reached the spot from where
the accused fled, leaving behind a container. Local people
identified him as Mukesh Kumar/petitioner. Upon search of the
container, police recovered 4 litres of country-made liquor.
4. Learned Counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated due to
personal enmity with neighboring shopkeepers and bias of the
police, who opposed his cart business. Petitioner was not
present at the alleged place of occurrence. Petitioner has been
Patna High Court CR. MISC. No.24038 of 2026(2) dt.22-04-2026
2/2
made accused on the basis of disclosure of his name made by
local people.
5. Having regard to the submissions made on
behalf of the parties and taking into consideration the fact that
liquor has been recovered from the container present in the open
place and petitioner has been made accused on the basis of
disclosure of his name made by local people, I am inclined to
grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge,
Excise-2, Patna, in connection with Pirbahore Police Station
Case No. 1029 of 2025, subject to the condition laid down under
Section 438 (2) of the Code of Criminal Procedure/Section
482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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