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Patna High Court

Mukesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent.

Summary

Mukesh Kumar applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 27 litres of liquor near his agricultural land. The petitioner argued that he has a clean antecedent, the alleged liquor was not found in his possession, and the accusation was based on secret information without proper investigation. The State opposed the bail, contending the seriousness of the offence. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would be withdrawn, otherwise it would be confirmed. The application was allowed, granting provisional anticipatory bail.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438(2) CrPC in a case under Section 30(a) of the Excise Act.
  • Whether the petitioner’s clean antecedent and lack of possession of the alleged liquor justify granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30 Excise Act
  • Section 438 CrPC
  • clean antecedent
  • provisional bail
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24410 of 2026
                     Arising Out of PS. Case No.-35 Year-2026 Thana- SHEIKHOPUR SARAI District-
                                                       Sheikhpura
                 ======================================================
                 Mukesh Kumar S/O Rajendra Paswan @ Rajendra Prasad R/O Village-
                 Panchi, P.S- Sheikhopur Sarai, District- Sheikhpura.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Bipin Kumar
                 For the Opposite Party/s :      Ms.Sangeeta Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 27 litres of liquor from a place near the field of

                   the petitioner.

                                4. The 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 alleged

                   recovery is from a place, which does not belong to the
Patna High Court CR. MISC. No.24410 of 2026(2) dt.20-04-2026
                                            2/3




          petitioner, but then, is adjacent to his agricultural land and he

          came to be implicated based on secret information, which is the

          easiest way to implicate someone without holding a proper

          investigation, when admittedly petitioner is a person with clean

          antecedent.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum 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

          Sheikhopur Sarai P. S. Case No.35 of 2026, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of even one case, then it
               Patna High Court CR. MISC. No.24410 of 2026(2) dt.20-04-2026
                                                           3/3




                         would be presumed that petitioner for the purposes of obtaining

                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present provisional anticipatory bail order shall

                         not be confirmed, but if on verification, it is found that

                         petitioner is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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