Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the petitioner is entitled to provisional anticipatory bail subject to verification of his antecedent and the conditions imposed.
Summary
Mukesh Kumar sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Excise Act alleging recovery of liquor from premises adjacent to his house. He argued he had no possession of the liquor and possessed a clean criminal record. The State opposed the bail. The High Court, considering the petitioner's clean antecedent and lack of direct possession, granted provisional anticipatory bail subject to a Rs.500 bond, two sureties, and a condition that the trial court verify his antecedent within six weeks. If any prior case is discovered, the bail would be revoked; otherwise, it would be confirmed. The petitioner was also directed to deposit Rs.1500 with the Advocates’ Association.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
- Whether the absence of recovered liquor in the petitioner's possession and his clean antecedent justify granting anticipatory bail.
- Whether the High Court can impose a condition that the trial court verify the petitioner's antecedent before confirming bail.
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- clean antecedent
- provisional bail
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4012 of 2026
Arising Out of PS. Case No.-602 Year-2024 Thana- BARHARIA District- Siwan
======================================================
Mukesh Kumar Son of Bigu Manjhi Village- Koirigawa Koiri Tola, P.S.-
Barharia, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Kant Singh
For the Opposite Party/s : Mr. Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 20 liters of liquor from house of Santoshi Devi, 20
liters of liquor from a place in front of the house of petitioner
and 10 liters of liquor from the house of Subhwati Devi.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner,
Patna High Court CR. MISC. No.4012 of 2026(2) dt.29-01-2026
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but then is adjacent to his house and he came to be implicated
based on secret information which is the easiest way to
implicate someone without holding a proper investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
500/- (Rupees Five Hundred) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with Barharia
P.S. Case No. 602 of 2024 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of even
one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
Patna High Court CR. MISC. No.4012 of 2026(2) dt.29-01-2026
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verification if it is found that petitioner is a person with clean
antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
1500/- with Advocates’ Association, Patna High Court within a
period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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