Patna High Court
Mukesh SardarversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties, and verification of the petitioner’s criminal antecedent.
Summary
Mukesh Sardar sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Excise Act alleging that 30 litres of liquor and 80 litres of semi‑prepared liquor were recovered from a bamboo orchard adjacent to his house. The petitioner argued that he was not arrested on the spot, the liquor was not in his possession, and that a hostile chowkidar had implicated him without prior police notification, casting doubt on the investigation. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and appear before the trial court within six weeks. The court directed the trial court to verify the petitioner’s criminal antecedent and stipulated that if more than one prior case is found, the bail would not be confirmed; otherwise, it would be confirmed immediately.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the case registered under Section 30(a) of the Bihar Excise Act.
- Whether the alleged recovery of liquor from a location not owned by the petitioner and the involvement of a hostile chowkidar affect the merits of granting bail.
Subjects
- anticipatory bail
- excise law
- Section 30
- false implication
- police investigation
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25772 of 2026
Arising Out of PS. Case No.-68 Year-2025 Thana- CHHATAPUR District- Supaul
======================================================
Mukesh Sardar S/O Baldev Sardar Resident Of Village - Lalganj Tilathi, Ward
No.- 14, P.S- Chhatapur, Dist.- Supaul
... ... Petitioner/s
Versus
The State Of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amar Nath Yadav
For the Opposite Party/s : Mr.Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-04-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 30 litres of liquor along with 80
litres of semi prepared liquor from a bamboo orchard behind the
house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.25772 of 2026(2) dt.24-04-2026
2/3
but then is adjacent to his house and he came to be implicated
at the instance of Chowkidar with whom he is on an inimical
term. It is next submitted that if Chowkidar was aware about
the involvement of the petitioner in the occurrence, then why he
did not inform the police prior to institution of the instant FIR,
which casts an aspersion on the case of the prosecution. It is
further submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 trial court within a
period of six weeks from today, be released on Provisional
anticipatory bail on furnishing bail bonds of Rs. 5,000/- (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 Chhatapur P.S. Case
No. 68 of 2025 subject to the conditions as laid down under
Section 482(2) of the BNSS.
Patna High Court CR. MISC. No.25772 of 2026(2) dt.24-04-2026
3/3
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of more than one
case then it would be presumed that petitioner, for 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 has
antecedent of one case in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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