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Patna High Court

Mukesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bond, sureties, and verification of the petitioner’s criminal antecedent.

Summary

Mukesh Kumar, the owner of a vehicle from which 625.86 litres of liquor was seized, sought anticipatory bail under Sections 30(a) and 41(1) of the Bihar Excise Act. He argued that he was not present at the spot, the liquor was not in his conscious possession, and he was unaware that his driver misused the vehicle. The State opposed the bail. The Court granted provisional anticipatory bail subject to a Rs.5,000 bond, two sureties, and a condition that the trial court verify his criminal antecedent within six weeks. If more than one prior case is found, the bail will be cancelled; if only one prior case, the bail will be confirmed. The petitioner also agreed to deposit Rs.5,000 with the Advocates’ Association within two weeks.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in view of the alleged seizure of liquor from his vehicle.
  • Whether the petitioner’s lack of conscious possession and alleged ignorance of the driver’s actions justify granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30
  • Section 41
  • Section 482
  • vehicle ownership
  • criminal antecedent
  • seizure of liquor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3431 of 2026
                      Arising Out of PS. Case No.-500 Year-2025 Thana- KATEYA District- Gopalganj
                 ======================================================
                 Mukesh Kumar Son of Rambabu Sah Resident of Village - Sujan, P.S.-
                 Nawtan and District - Siwan.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shivendra Kumar Sinha, Adv
                                                  Mr.Ranjeet Patel, Adv
                 For the Opposite Party/s :       Mr.Kumar Ranjit Ranjan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-01-2026               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 offences punishable under Sections 30(a) and

                   41(1) of the Bihar Excise Act.

                             3.     Learned counsel for the petitioner submits that the

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 625.86 litres of liquor from a car.

                             4.     Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and he 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
Patna High Court CR. MISC. No.3431 of 2026(2) dt.29-01-2026
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          his own vehicle for committing an occurrence and thus would

          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that his driver 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 for the petitioner, the petitioner above-named, in the event

          of his arrest or surrender before the learned trial court within a

          period of six weeks from today, be released on Provisional

          anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees

          Five 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 Kateya P.S. Case No.

          500 of 2025, subject to the conditions as laid down under Section

          482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of more than one

          case then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be
              Patna High Court CR. MISC. No.3431 of 2026(2) dt.29-01-2026
                                                          3/3




                        confirmed, but after verification if it is found that petitioner has

                        antecedent of one case in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.

                                 8.     At this stage, the learned counsel for the petitioner

                        based on instruction submits that petitioner undertakes to deposit

                        an amount of Rs. 5,000/- with Advocates’ Association, Patna High

                        Court within a period of two weeks from today.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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