Patna High Court
Uday KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the withdrawal of the anticipatory bail application for Mukesh Kumar and granted provisional anticipatory bail to Uday Kumar subject to specified conditions.
Summary
The petitioners, Uday Kumar and Mukesh Kumar, filed an anticipatory bail application in a case under the Bihar Excise Act alleging recovery of 260 litres of liquor from two motorcycles. Mukesh Kumar was arrested while the application was pending, and his counsel sought to withdraw his anticipatory bail request, which the court permitted. Uday Kumar, who claims he was not caught in possession and is implicated only through a confessional statement of another accused, sought anticipatory bail. The court granted provisional anticipatory bail to Uday Kumar, subject to a bail bond of Rs.10,000 with two sureties and a six‑week surrender condition, and directed verification of his criminal antecedents. If more than two prior cases are found, the bail would be revoked; otherwise, it would be confirmed.
Issues considered
- Whether the anticipatory bail application for Mukesh Kumar can be withdrawn after his arrest.
- Whether anticipatory bail should be granted to Uday Kumar under the Bihar Excise Act.
- What conditions should be imposed on the anticipatory bail to ensure compliance with Section 482(2) of the BNSS.
Legislation cited
- Bihar Excise Act — s. 30(a), 41
- Bihar Negotiable Sale (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- seizure of liquor
- confessional statement
- bail conditions
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24889 of 2026
Arising Out of PS. Case No.-148 Year-2026 Thana- Excise P.S. District- Nawada
======================================================
1. Uday Kumar S/o Kuldip Yadav R/o Village- Mohkama, PS- Rajauli, Distt.-
Nawada, Bihar
2. Mukesh Kumar S/o Ruplal Yadav R/o Village- Mohkama, PS- Rajauli,
Distt.- Nawada, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 16-06-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The learned counsel for the petitioners seeks
permission to withdraw the anticipatory bail application with
respect to petitioner no. 2 (Mukesh Kumar) who was arrested
during pendency of the instant anticipatory bail application.
3. Permission is accorded.
4. The petitioner no. 1 apprehends his arrest in a case
registered for the offences punishable under Sections 30(a) and
41 of the Bihar Excise Act.
5. Learned counsel for the petitioner submits that
petitioner no. 1 has antecedent of two cases and allegation is of
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recovery of 260 liters of liquor from two motorcycles.
6. Learned counsel for the petitioner next submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
owner of any of the seized motorcycles and came to be
implicated based on confessional statement of Vikash in police
custody which does not have any evidentiary value.
7. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
8. 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 Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
10000/- (Rupees Ten Thousand) 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 Excise
P.S. Case No. 148 of 2026 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
9. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner no. 1 and in
the event if it is found that petitioner no. 1 has antecedent of more
than two cases then it would be presumed that petitioner no. 1, for
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the purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional anticipatory
bail order shall not be confirmed, but after verification if it is
found that petitioner no. 1 has antecedent of two cases only, in that
event the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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