Patna High Court
Mukesh Kumar @ Mukesh RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the conditions specified.
Summary
Mukesh Kumar applied for anticipatory bail after learning that a case had been registered against him under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 110 litres of illicit liquor from two seized vehicles. The petitioner asserted that he was neither the driver nor the owner of the vehicles, that no incriminating material was found in his possession, and that he had a clean antecedent. The State opposed the bail, contending that the petitioner was implicated in the offence. The Court examined the facts, noted the lack of direct connection between the petitioner and the seized liquor, and considered the provisions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Accordingly, the Court granted anticipatory bail, directing that if arrested within eight weeks, the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to the conditions of the Special Court of Excise.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether there is sufficient material linking the petitioner to the alleged offence of illicit liquor possession
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- excise law
- Section 30
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39630 of 2026
Arising Out of PS. Case No.-287 Year-2026 Thana- MALSALAMI District- Patna
======================================================
Mukesh Kumar @ Mukesh Ray S/O Sanjivan Ray @ Sajivan Ray Present
Add.- Nurudinganj Ghat Kinare, P.S.- Malsalami, Distt.- Patna. Permanent
Add.- Village- Sukumarpur, P.S.- Raghopur, Distt.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nityanand Kumar, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. Prosecution case, in brief, is that total 110 liters
illicit was recovered from two different seized vehicles.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. No
incriminating material has been recovered from conscious
possession of the petitioner and he is no way connected with the
aforesaid recovery. Petitioner is neither driver nor owner of the
vehicles in question and claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
Patna High Court CR. MISC. No.39630 of 2026(2) dt.24-06-2026
2/2
the bail application.
6. Considering the aforesaid facts and circumstances
of the case, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Court of Excise, Patna City, Patna in connection with Malsalami
P. S. Case No. 287 of 2026, subject to condition as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/Sanjay
U T
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