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Patna High Court

Mukesh Kumar SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the anticipatory bail application, granting bail subject to specified conditions.

Summary

Mukesh Kumar Sah, the owner of a motorcycle from which 270 litres of Nepali wine was recovered, feared arrest in a case registered under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act (BNSS) and Section 30(a) of the Bihar Prohibition and Excise Act. He applied for anticipatory bail, claiming innocence and a clean antecedent. The State opposed the bail. The Patna High Court, after considering the submissions, allowed the anticipatory bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, deposit Rs.25,000 to a charitable institution, and report monthly to the police station. The bail was conditioned on verification of his clean antecedent and compliance with Section 438(2) of the CrPC and Section 482 of the BNSS. The order also stipulated cancellation of bail upon default in appearance.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 438 of the CrPC and Section 482 of the BNSS in the present case.
  • Whether the conditions imposed by the court are lawful and sufficient to ensure the petitioner’s compliance.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 BNSS
  • excise law
  • bail conditions
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38235 of 2026
                    Arising Out of PS. Case No.-68 Year-2026 Thana- SAHARGHAT District- Madhubani
                 ======================================================
                 Mukesh Kumar Sah S/o Raghunath Sah R/o Vill. - Khanguradih, P.S. -Katra,
                 Distt. - Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms.Kumari Pallavi, Advocate
                 For the Opposite Party/s :      Ms.Shaheen Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-06-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Saharghat P.S. Case No. 68 of 2026 registered

                   for the offence under Sections 274, 275 and 3(5) of the B.N.S.

                   and Section 30(a) of the Bihar Prohibition and Excise Act.

                                   3. As per the prosecution case, petitioner is the

                   owner of the motorcycle from which there is recovery of total

                   270 litre of Nepali wine.

                                    4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. Petitioner has clean antecedent.

                                      5. Learned A.P.P. for the State opposes the prayer

                   for anticipatory bail of the petitioner.
Patna High Court CR. MISC. No.38235 of 2026(2) dt.16-06-2026
                                            2/3




                          6. Considering the aforesaid facts, this application

          is allowed.

                          7. Let the petitioner, above named, in the event of

          his arrest or surrender before the concerned Court below within

          four weeks from today, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the learned Exclusive

          Special Judge, Excise, Madhubani/ concerned Court below in

          connection with Saharghat P.S. Case No. 68 of 2026, subject to

          the conditions laid down in Section 438(2) of the Code of

          Criminal Procedure, 1973 / Section 482 of the BNSS.

                       8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramkrishna Mission Ashrama, Bela, Muzaffarpur 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.

                       9. At the time of accepting the bail bonds of the

          petitioner, the Court below shall verify the statement of the

          petitioner that he has clean antecedent. The bail bonds of the

          petitioner shall only be accepted if it is found that he has clean

          antecedent.
              Patna High Court CR. MISC. No.38235 of 2026(2) dt.16-06-2026
                                                          3/3




                                     10. As a condition of this order, the petitioner after

                        being released on bail, is directed to mark his attendance at

                        Katra Police Station, District- Muzaffarpur on first Sunday of

                        every month. Any default in appearance at the Police Station

                        will result in cancellation of bail bonds of the petitioner.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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