Patna High Court
Mukesh Kumar @ Mukesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioners' criminal antecedents.
Summary
The petitioners, Mukesh Kumar and Manish Kumar, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act for alleged recovery of 25 litres of liquor from a motorcycle. The first petitioner has three prior excise cases, while the second has a clean record and is alleged to be implicated merely as the vehicle owner. The petitioners argued that there was no conscious possession, the evidence relied on a confessional statement of another accused, and that the 2018 amendment to the Excise Act abolished the doctrine of deemed possession. The State opposed the bail. The High Court granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties each, subject to verification of criminal antecedents under Section 482(2) of the BNSS, and stipulated that the bail would be confirmed only if the antecedent checks are satisfied.
Issues considered
- Whether anticipatory bail can be granted under Section 30(a) of the Bihar Excise Act in the absence of conscious possession.
- Whether the 2018 amendment to the Bihar Excise Act eliminates the concept of deemed possession for bail considerations.
- Whether prior criminal antecedents of the petitioners affect the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- deemed possession
- criminal antecedent
- High Court
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28755 of 2026
Arising Out of PS. Case No.-76 Year-2026 Thana- HISUWA District- Nawada
======================================================
1. Mukesh Kumar @ Mukesh Kumar Yadav son of Kailash Yadav Resident of
Village - Phulwariya, P.S - Hisua, Dist - Nawada
2. Manish Kumar @ Manish Yadav Son of Kailu Yadav Resident of Village -
Sakarganj, P.S - Kashichak, Dist - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar
For the Opposite Party/s : Mr. Nityanand
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of three cases under the Excise
Act and petitioner no. 2 is a person with clean antecedent and
allegation is of recovery of 25 liters of liquor from a motorcycle.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and petitioner
Patna High Court CR. MISC. No.28755 of 2026(2) dt.29-04-2026
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no. 2 came to be implicated based on the fact that he is owner of
the seized vehicle. It is next submitted that no prudent person
would use his own vehicle for committing an occurrence and
thus would create evidence against himself and hence would get
implicated, it is further submitted that petitioner no. 2 was
completely unaware that Sunny and Deepu would misuse the
vehicle in the manner as alleged. It is also submitted that
petitioner no. 1 came to be implicated based on confessional
statement of apprehended accused in police custody which does
not have any evidentiary value. It is next submitted that after
amendment in the excise act in the year 2018, the concept of
deemed possession and presumed offender has been done away
with.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.
15000/- (Rupees Fifteen Thousand) each with two sureties of
the like amount each to the satisfaction of the learned Trial
Patna High Court CR. MISC. No.28755 of 2026(2) dt.29-04-2026
3/3
Court where the case is pending/successor court in connection
with Hisua P.S. Case No. 76 of 2026 subject to the conditions as
laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
event if it is found that petitioner no. 1 has antecedent of more
than three cases and petitioner no. 2 has antecedent of even one
case then it would be presumed that petitioners, for the purposes of
seeking anticipatory bail, had concealed their antecedent before
this Court, as such, the provisional anticipatory bail order shall not
be confirmed with respect to the petitioner who had concealed his
criminal antecedent, but after verification if it is found that
petitioner no. 1 has antecedent of three cases only and petitioner
no. 2 is a person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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