Patna High Court
Mukesh Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Narcotic Substances Act — s. 274, 275, 3(5), 482
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
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/-
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