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Patna High Court

Mukesh Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

Mukesh Kumar Singh was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for the recovery of 889.56 litres of liquor from two vehicles, including 34.56 litres from his motorcycle. He argued that he had no conscious possession of the liquor, that he was unaware of his friend’s misuse of the vehicle, and that he has a clean criminal antecedent. The State opposed his application for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs.500 with two sureties, subject to verification of his antecedent by the trial court. If any prior case is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the Cr.P.C. in a case of alleged liquor seizure under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
  • Whether the petitioner’s ownership of the vehicle, without conscious possession of the liquor, is sufficient grounds for denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • liquor seizure
  • Section 30(a)
  • clean antecedent
  • vehicle ownership
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28910 of 2026
                     Arising Out of PS. Case No.-164 Year-2025 Thana- Krishnabraham District- Buxar
                 ======================================================
                 Mukesh Kumar Singh S/O Shambhu Singh R/O Village- Maniya, P.S.-
                 Sonvarsha, Distt.- Buxar.
                                                                  ... ... Petitioner/s
                                            Versus
                 The State of Bihar
                                                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Dimpal Kumari, Advocate
                 For the Opposite Party/s :        Ms. Indu Kumari Srivastava, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-05-2026                  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 the

                   Bihar Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 889.56 litres of liquor from two vehicles out of

                   which 34.56 litres of liquor was recovered from a motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner 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
Patna High Court CR. MISC. No.28910 of 2026(2) dt.04-05-2026
                                            2/3




          and, thus, would create evidence against himself and, hence,

          would get implicated. It is also submitted that petitioner was

          completely unaware that his friend would misuse the vehicle in

          the manner as alleged who also fled from the spot.

                       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 appearing on behalf of the petitioner, let 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.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 Krishna Brahm P.S.

          Case No. 164 of 2025, subject to the conditions as laid down

          under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of even one case,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail

          application in that event the provisional anticipatory bail order
           Patna High Court CR. MISC. No.28910 of 2026(2) dt.04-05-2026
                                                       3/3




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

                     petitioner is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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