Patna High Court

Mukul KumarversusThe State of Bihar

Decided: 21 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail subject to verification of the petitioner’s criminal antecedents.

Summary

Mukul Kumar approached the Patna High Court seeking anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 250 litres of liquor from two scooties. He contended that he was not in possession of the vehicles, was not the owner, and had been implicated by a local informant without proper investigation. The State opposed the bail application. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. It further held that if more than one prior case is found, the bail would not be confirmed, whereas a single antecedent would lead to immediate confirmation.

Issues considered

Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the petitioner’s alleged lack of possession and ownership affects the grant of anticipatory bail.
Whether the petitioner’s criminal antecedents should condition the confirmation of anticipatory bail.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
excise offence
Bihar Prohibition and Excise Act
Section 30(a)
criminal antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25543 of 2026
                      Arising Out of PS. Case No.-130 Year-2026 Thana- MALSALAMI District- Patna
                 ======================================================
                 Mukul Kumar S/o Late Kishu Prasad @ Krishna Kumar R/o Village- Bhaisani
                 Tola, Badi Bagicha, P.S.- Malsalami, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravi Ranjan
                 For the Opposite Party/s :       Mr. Braj Kishore Pd.(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 250 litres of liquor from two different scooty. It is

                   next submitted that petitioner was not arrested from the spot as

                   such nothing was recovered from his conscious possession and

                   is not the owner of any of the seized scooty and he came to be

                   implicated at the instance of local person but then it is also

                   submitted that once an accused is implicated in a case relating to

                   excise, the police starts implicating mechanically either through
Patna High Court CR. MISC. No.25543 of 2026(2) dt.21-04-2026
                                            2/3




          chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

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

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.5000/- (Rupees five 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 Malsalami P.S. Case No.130/2026, subject to

          the conditions as laid down under Section 482(2) of the

          B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          one case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner has antecedent of one

          case, in that event the provisional anticipatory bail order shall be
             Patna High Court CR. MISC. No.25543 of 2026(2) dt.21-04-2026
                                                         3/3




                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

Continue reading with your account

Checking your session…