Patna High Court
Mukul Kumar @ A. J.versusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail is not warranted; the application is rejected.
Summary
The petitioner Mukul Kumar applied for anticipatory bail fearing arrest in a 2020 case involving alleged violation of Section 279 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act for possession of 375 ml of English liquor. The prosecution alleged that a motorcycle was stopped, liquor was seized, and the petitioner’s name surfaced during investigation as the supplier. The petitioner contended he was not present at the scene and no liquor was found in his possession. The State argued that the petitioner was the liquor seller and highlighted his prior criminal record and involvement in multiple cases. After considering the submissions and the material on record, the Court found no basis for granting anticipatory bail and rejected the application, directing the petitioner to surrender within four weeks for trial. The order also directed the trial court to dispose of the matter promptly upon surrender.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the case
- Whether the material on record establishes a prima facie case sufficient to deny anticipatory bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Indian Penal Code — s. 279
Subjects
- anticipatory bail
- Section 279 IPC
- Bihar Prohibition and Excise Act
- liquor seizure
- criminal antecedent
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30505 of 2026
Arising Out of PS. Case No.-234 Year-2020 Thana- SHRIKRISHNAPURI District- Patna
======================================================
Mukul Kumar @ A. J. Son of Madan Mohan Singh R/o- House No.- 84,
Punaichak, P.S.- Shastrinagar, District - Patna, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Bharti, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 18-05-2026 Heard learned counsel for the petitioner and the State
through virtual mode.
2. The petitioner is apprehending his arrest in
connection with Shrikrishnapuri P.S. Case No. 234 of 2020 for the
offence under section 279 of the Indian Penal Code and Section
30(a) of the Bihar Prohibition and Excise Act lodged on
15.09.2020 by the informant, Laldhari Yadav.
3. As per the prosecution story, the informant alleged
that a motorcycle coming from AN College area was signaled to
stop. It tried to escape but the Police apprehended it. The person
apprehended gave the name as Vikram Pal and the person sitting
was Kishan Kumar Prajapati. Upon search, 375 ml of English
liquor recovered/seized. Upon investigation, they gave the name
of the person from whom the purchase took place and in that
background, the name of the petitioner cropped up. This led to the
Patna High Court CR. MISC. No.30505 of 2026(2) dt.18-05-2026
2/2
FIR.
4. Learned counsel for the petitioner submits that he
was not present at the place of occurrence nor anything has been
recovered from his conscious possession.
5. Learned APP opposes the prayer submitting that he is
the person who was selling the liquor. Further, a perusal of the
paragraph-3 would show that he has criminal antecedent of the
same nature and altogether, he is involved in five criminal cases
and the present matter is of the year 2020 and he has come before
this Court belatedly six years later.
6. Taking into account the submissions of the parties as
also the facts that have come up, no case of anticipatory bail is
made out.
7. Accordingly, the anticipatory bail application stands
rejected.
8. If, however, the petitioner surrenders within four
weeks, the concerned Court shall take up the matter and dispose it
of preferably on the same day.
(Rajiv Roy, J)
Adnan/-
U T
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