Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail is warranted as there is no material evidence linking the petitioner to the seized illicit liquor.
Summary
Mukesh Kumar, the petitioner, was not named in the FIR relating to an illegal liquor case (Town P.S. Case No.435 of 2025) but was implicated solely because a motorbike registered in his name was seized. The prosecution alleged his involvement in the manufacture and trade of illicit liquor, citing the recovery of 7.18 litres of IMFL. The petitioner argued that no liquor was found in his possession and he has a clean antecedent. The Additional Public Prosecutor opposed anticipatory bail, but the court noted the lack of a prima facie link between the petitioner and the seized liquor. Consequently, the court granted anticipatory bail subject to a bond and sureties, invoking Sections 438(2) of the CrPC and 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC when the alleged offence is based solely on ownership of a seized motorbike.
- Whether the recovery of illicit liquor establishes a prima facie case against the petitioner.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Section 30(a) Bihar Prohibition and Excise Act
- clean antecedent
- motorbike ownership
- Section 438 CrPC
- Section 482 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41937 of 2026
Arising Out of PS. Case No.-435 Year-2025 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
Mukesh Kumar, Son of Nagina Mahato, Resident of Ward No. 7, Near Jagat
Bazar Agency, Banjariya Sahu Tola, P.S.- Banjariya, District - East
Champaran.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Karandeep Kumar, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is not named in the FIR
and apprehending his arrest in connection with Town P.S.
Case No.435 of 2025 registered under Section 30(a) of the
Bihar Prohibition and Excise Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 7.18 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
Patna High Court CR. MISC. No.41937 of 2026(2) dt.30-06-2026
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the petitioner that the petitioner has been implicated as an
accused solely on the ground that he is the registered owner
of the Motorbike bearing Registration No. BR05R-2440
alleged to have been seized in connection with the present
case. It is submitted that nothing has been recovered from
the conscious possession of the petitioner. 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 of 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, East Champaran,
Motihari in connection with Town P.S. Case No.435 of 2025,
Patna High Court CR. MISC. No.41937 of 2026(2) dt.30-06-2026
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subject to the conditions as laid down under Section 438(2)
of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Raushan/-
U T
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