Patna High Court
Mukesh Rai @ Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that, given the nature of the accusation and the absence of incriminating material on the petitioner, anticipatory bail could be granted under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Mukesh Rai applied for anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 90 litres of illicit liquor were recovered from a river bank. The prosecution alleged his involvement, but no incriminating material was found in his possession and he was accused merely on suspicion, despite having a prior criminal case pending on bail. The petitioner’s counsel argued that he had no direct connection to the recovered liquor and should not be detained. The court considered the nature of the accusation and the location of the recovery and decided to grant anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directs that if arrested within eight weeks, the petitioner be released on bail upon compliance with the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether mere suspicion and recovery of illicit liquor from a river bank suffices to deny anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- Section 30(a)
- Section 482(2)
- criminal procedure
- suspicion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41336 of 2026
Arising Out of PS. Case No.-460 Year-2026 Thana- SONEPUR District- Saran
======================================================
Mukesh Rai @ Mukesh Kumar S/o Harendra Rai R/o Village - Baburbani, P.S
- Sonepur, District - Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-07-2026 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. As per prosecution case, 90 litres illicit liquor was
recovered from the bank of river.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from the conscious
possession of the petitioner. Petitioner has got no concern with
the alleged recovery and he has been made accused in this case
merely on suspicion. Petitioner has got one criminal antecedent
in which he is on bail.
5. Learned A.P.P. for the State opposed the bail
application.
Patna High Court CR. MISC. No.41336 of 2026(2) dt.06-07-2026
2/2
6. Considering nature of accusation and place of
recovery, 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
Excise Judge-2, Saran at Chapra in connection with Sonepur P.
S. Case No. 460 of 2026, subject to condition as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita.
(Prabhat Kumar Singh, J)
Navya/Sanjay-
U T
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