Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner as there was no prima facie evidence of his possession or involvement in the illicit liquor offence.
Summary
Mukesh Kumar was named in an FIR for alleged illegal manufacture and trade of illicit liquor after 1,260 litres were seized from a Tata 407 vehicle he owned. The petitioner argued that ownership of the vehicle alone did not prove his conscious possession or involvement in the offence and that the seizure list lacked independent witness support. The Additional Public Prosecutor opposed anticipatory bail. The court noted the lack of direct evidence linking the petitioner to the seized liquor and his clean antecedent, and therefore granted anticipatory bail subject to a bond and sureties, directing surrender within four weeks. The bail was ordered under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite his alleged involvement in illegal liquor trade.
- Whether ownership of the vehicle from which illicit liquor was seized establishes the petitioner's culpability.
Legislation cited
- Bihar Negotiable Sale (BNSS) — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- anticipatory bail
- illegal liquor
- vehicle ownership
- Section 30(a)
- Section 482(2)
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41466 of 2026
Arising Out of PS. Case No.-171 Year-2025 Thana- CHERIYA BARIYARPUR District-
Begusarai
======================================================
Mukesh Kumar, S/o Naval Kishore, Resident of Vill.- Rampur Dumra, Ward
No- 07, P.S - Mokama, Dist- Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 10-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Cheriyabariyarpur
P.S. Case No.171 of 2025 registered under Section 30(a) of
the Bihar Prohibition and Excise (Amendment) Act,2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 1260 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized illicit liquor was recovered from
a Tata vehicle 407 bearing Registration No. BR01GE-3104.
Patna High Court CR. MISC. No.41466 of 2026(3) dt.10-07-2026
2/3
It is further submitted that the petitioner’s name has been
surfaced in the present case solely on the ground that he is
the registered owner of the seized vehicle, and not on the
basis of any material demonstrating his conscious
possession, involvement or complicity in the alleged offence.
It is also pointed out that seizure list appears doubtful being
not supported by independent witnesses rather than by
police personnel. The petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of fact as recovery of illicit liquor prima facie not
appears to be made from physical possession of this
petitioner, accordingly, the petitioner above-named, who is a
man of clean antecedent, in the event of his arrest or
surrender in the court below within a period of four weeks
from today, is directed to be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned Exclusive Special Excise Judge-I, Begusarai in
Patna High Court CR. MISC. No.41466 of 2026(3) dt.10-07-2026
3/3
connection with Cheriyabariyarpur P.S. Case No.171 of
2025, subject to the conditions as laid down under Section
482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Raushan/-
U T
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