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Patna High Court

Mukesh Kumar @ Amit Kumar GuptaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied because the petitioner’s criminal antecedent and the gravity of the alleged offences outweighed the claim of lack of knowledge.

Summary

Mukesh Kumar, the petitioner, applied for anticipatory bail anticipating arrest in a case involving alleged possession of large quantities of liquor, a pistol with loaded magazine, iron magazines, motorcycles and an e-rickshaw. The charges stem from offences under Sections 310(4), 310(5), 121(1), 121(2), 132, 109 of the Bihar Narcotic Substances Act, various provisions of the Arms Act and the Excise Act. The petitioner claimed he was falsely implicated, arguing that the rented house where the contraband was recovered was occupied by a tenant, Sonu Kumar, without his knowledge, and produced a rent agreement to support this. The State opposed the bail, emphasizing the petitioner’s antecedent of four criminal cases and questioning the credibility of the rent agreement. After considering the submissions, the Court held that the petitioner’s criminal antecedent and the seriousness of the offences outweighed the alleged lack of knowledge, and therefore denied anticipatory bail. The petition for anticipatory bail was consequently rejected.

Issues considered

  • Whether anticipatory bail should be granted to a person with prior criminal antecedents in a case involving serious offences under the Arms Act, Excise Act and Bihar Narcotic Substances Act.
  • Whether the existence of a rent agreement and the claim of non-knowledge of the tenant's activities can negate liability for the alleged offences.

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedent
  • rent agreement
  • Arms Act
  • Excise Act
  • false implication
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2900 of 2026
                     Arising Out of PS. Case No.-328 Year-2025 Thana- SAHEBPUR KAMAL District-
                                                        Begusarai
                 ======================================================
                 Mukesh Kumar @ Amit Kumar Gupta S/O Manoj Kumar Gupta R/O Vill.-
                 Saligrami,P.S- Sahebpur Kamal, Dist.- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Shubhesh Pandey
                 For the Opposite Party/s :      Ms.Asha Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-01-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in Sahebpur Kamal P. S. Case No.328 of 2025 registered

                   for the offences punishable under Sections 310(4), 310(5),

                   121(1), 121(2), 132, 109 of the B.N.S., Sections 25(1-A)a, 25(1-

                   AA), 25(1-B)a, 26(i), 26(ii), 27, 35 of the Arms Act and

                   Sections 30(a) and 30(F) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of four cases and allegation is of

                   recovery of 94 litres of liquor of codeine from the house of the

                   petitioner along with a pistol with loaded magazine and 21

                   pieces of iron magazine and 21 pieces of semi-manufactured of
Patna High Court CR. MISC. No.2900 of 2026(2) dt.28-01-2026
                                            2/3




          iron magazine and two motorcycle along with an e-rickshaw.

                        4. The learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is fairly submitted that it is not disputed that the

          house belongs to the petitioner, but then, the petitioner had

          given the house on rent to Sonu Kumar and it was Sonu who

          was indulging in such activity without the knowledge of the

          petitioner.

                        5. Learned A.P.P. vehemently opposes the anticipatory

          bail application and submits that petitioner is a criminal who has

          antecedent of four cases. It is also submitted that though a plea

          has been taken that the house from where the alleged recovery

          was made was given on rent to Sonu and in support of the same,

          a rent agreement is also annexed, but then, it is submitted that

          the rent agreement can be a ploy even. It is further submitted

          that if petitioner is innocent, in that event, final form would be

          submitted exonerating him of the allegation, but then, presently

          keeping his criminal antecedent in mind, the privilege of

          anticipatory bail be not granted.

                        6. Considering the submissions made by the learned

          A.P.P., the Court is not inclined to extend the privilege of

          anticipatory bail to the petitioner.
               Patna High Court CR. MISC. No.2900 of 2026(2) dt.28-01-2026
                                                           3/3




                                      7. The prayer of the petitioner for anticipatory bail

                         stands rejected.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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