Created by Fuzzy Cloud

Patna High Court

Mukesh Kumar @ Mukesh Yadav @ Makesh YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                       3/3




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.