Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bail bonds, sureties and verification of the petitioner’s antecedent under Section 438(2) Cr.P.C.
Summary
Mukesh Kumar applied for anticipatory bail anticipating arrest in a case under Sections 30(a) and 41 of the Excise Act, alleging that 200 litres of liquor were recovered from a motorcycle he owned. He claimed the motorcycle had been stolen before the incident, that he was not in possession of the liquor, and that no FIR had been lodged against him. The State opposed the bail. The High Court, considering his clean antecedent and the circumstances, directed that he be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to the conditions of Section 438(2) of the Cr.P.C. The court also ordered verification of his antecedent, stating that any undisclosed prior case would lead to cancellation of the bail, while a clean record would confirm it.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. for alleged offences under Sections 30(a) and 41 of the Excise Act.
- Whether the fact that the vehicle was stolen and the petitioner was not in immediate possession of the liquor affects the grant of anticipatory bail.
- Whether a clean criminal antecedent is a condition for confirming anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a), 41
Subjects
- anticipatory bail
- Excise Act
- Section 438 Cr.P.C.
- clean antecedent
- liquor seizure
- theft of vehicle
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37895 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- MESKAUR District- Nawada
======================================================
Mukesh Kumar S/o- Jayendra Prasad Resident of Village- Devra, Police
Station- Tankupp, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kamal Kumar Sinha
For the Opposite Party/s : Mr.Satyendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-06-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 30(a) and 41 of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 200 litres of liquor from a motorcycle.
4. The learned counsel for the petitioner submits that
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
motorcycle. It is next submitted that his vehicle was stolen prior
to the occurrence, as such, he had approached the concerned
Patna High Court CR. MISC. No.37895 of 2026(2) dt.17-06-2026
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Police Station for instituting an FIR, but the FIR was not
instituted, as such, he filed an informatory petition in the Court
of the learned Chief Judicial Magistrate, Gayaji and also an
application before the S.S.P., Gayaji which was sent by
registered post as would manifest from Annexure-2 series at
Page-23.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.500/- (Rupees Five Hundred) 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
Meskaur P. S. Case No.01 of 2026, subject to the conditions laid
down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
Patna High Court CR. MISC. No.37895 of 2026(2) dt.17-06-2026
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found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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