Patna High Court
Mukesh Kumar @ Mukesh Yadav @ Makesh YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail may be granted provisionally subject to bail bonds and verification of the petitioner’s criminal antecedent, with the order to be confirmed only if the antecedent does not exceed three cases.
Summary
Mukesh Kumar (also known as Mukesh Yadav and Makesh Yadav) applied for anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged recovery of 45.525 litres of liquor from three motorcycles. He contended that he was not arrested on the spot, had no conscious possession of the liquor, and was not the owner of the seized vehicles, arguing that the investigation was mechanically based on a chaukidar’s complaint. The State opposed the bail, citing his three prior excise cases. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and directed verification of his criminal antecedent. It further held that if the verification shows more than three prior cases, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 given the petitioner’s prior excise cases.
- Whether the petitioner’s lack of possession and ownership of the seized vehicles affects the grant of anticipatory bail.
- What conditions may be imposed on provisional anticipatory bail and how should the petitioner’s criminal antecedent be verified?
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- excise law
- section 30
- Bihar Prohibition and Excise Act
- criminal antecedent
- bail conditions
- seizure of liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31898 of 2026
Arising Out of PS. Case No.-155 Year-2026 Thana- NAUTAN District- West Champaran
======================================================
Mukesh Kumar @ Mukesh Yadav @ Makesh Yadav S/o Awadesh Yadav
Resident of Vill. - Sheorajpur Charki, Ward No-08, P.S.- Nautan, Dist.- West
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sitesh Kashyap, Advocate
Mr. Raushan Raj, Advocate
Mr. Vikash Kumar Yadav, Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-05-2026 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, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 45.525 litres of liquor from three
different motorcycles.
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 is not the owner of any of the seized vehicles and
Patna High Court CR. MISC. No.31898 of 2026(2) dt.12-05-2026
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came to be implicated at the instance of the Chawkidar and local
people. It is next submitted that once an accused is implicated in
a case relating to excise the police start implicating
mechanically either at the instance of the Chawkidar, local
person, confessional statement or secret information without
holding a proper investigation of the case. It is also submitted
that petitioner in similar manner earlier also came to be
implicated in cases relating to excise.
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.15,000/-
(Rupees Fifteen 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 Nautan P.S. Case
No. 155 of 2026, 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
Patna High Court CR. MISC. No.31898 of 2026(2) dt.12-05-2026
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and if it is found that petitioner has antecedent of more than
three cases, 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
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only three cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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