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Patna High Court

Mukesh Kumar @ Mukesh RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                    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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