Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The High Court allowed the petition for anticipatory bail, subject to specified conditions.
Summary
The petitioner, Mukesh Kumar, sought anticipatory bail in connection with a case alleging his involvement in the seizure of 41.250 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged that he fled the scene, while the petitioner claimed innocence and offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The court, after hearing both sides, exercised its inherent powers under Section 482(2) of the BNSS and granted anticipatory bail, imposing conditions including a monetary deposit, regular police station attendance, and verification of a clean antecedent. The bail bonds were set at Rs. 10,000 with two sureties of equal amount, subject to compliance with the stipulated conditions. The order clarified that its observations were prima facie and not to influence the trial's merits.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act involving alleged illicit liquor possession.
- Whether the petitioner’s clean antecedent and willingness to make a charitable donation justify the grant of anticipatory bail.
- Whether the conditions imposed under Section 482(2) of the BNSS are lawful and appropriate.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- Section 482(2)
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38172 of 2026
Arising Out of PS. Case No.-245 Year-2026 Thana- DARIYAPUR District- Saran
======================================================
Mukesh Kumar Son of Daroga Ray R/o village - Pojhi Bichala Tola , P.s-
Derni , District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate
Mr. Vinod Kumar
For the Opposite Party/s : Mr. Umesh Lal Verma
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Dariyapur P.S. Case No. 245 of 2026 registered for offences
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, there is recovery of
41.250 liters of illicit liquor. The petitioner is alleged to have
fled away from the spot.
4. Learned counsel for the petitioner submits that the
petitioner is quite innocent and has not committed any offence.
He further submits that the petitioner is ready to donate Rs.
25,000/- (Rupees Twenty Five Thousand Only) in some
charitable organization without accepting his guilt. The
Patna High Court CR. MISC. No.38172 of 2026(2) dt.16-06-2026
2/3
petitioner has no criminal antecedent.
5. Learned APP for the State has vehemently opposed
the prayer of the petitioner.
6. Considering the facts and circumstances of the case
and the submission of learned counsel for the petitioner, this
application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Court below
where the case is pending/successor Court in connection with
Dariyapur P.S. Case No. 245 of 2026 subject to the conditions as
laid down under Section 482(2) of the BNSS and with further
condition(s) that:-
(I). The petitioner shall deposit an
amount of Rs. 25,000/- (Rupees Twenty Five
Thousand Only) in Ramakrishna Mission
Ashrama, Latu Maharaj Path, Opp. Circuit
House, Chapra, Bihar and produce the
receipt of the same before the Court below.
The bail bonds of the petitioner shall be
accepted after verifying the genuineness of
the receipt produced by the petitioner.
(ii). The petitioner is directed to
Patna High Court CR. MISC. No.38172 of 2026(2) dt.16-06-2026
3/3
mark his attendance at Derni Police Station
on every 1st and 3rd Sunday of each month.
Failure to do so will result in cancellation of
bail bond of the petitioner.
(iii). At the time of accepting the
bail bonds of the petitioner, the Court below
shall verify the fact whether the petitioner
has clean antecedent or not. If it is found
that the petitioner has clean antecedent then
only his bail bonds shall be accepted by the
Court below.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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