Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court granted provisional anticipatory bail, subject to verification of the petitioner's antecedent, and conditioned its confirmation on the absence of any prior criminal case.
Summary
Mukesh Kumar was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 30 litres of liquor from a motorcycle he owned. He argued that he had no prior criminal record, the liquor was not in his conscious possession, and he was unaware that his friend misused the vehicle. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 with two sureties and that the trial court verify his antecedent within six weeks. The order stipulated that if any criminal antecedent is discovered, the bail would not be confirmed; otherwise, the provisional bail would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the CrPC in a case under Section 30(a) of the Bihar Excise Act.
- Whether ownership of the vehicle used in the alleged offence suffices to attract criminal liability.
- Whether the absence of conscious possession of the seized liquor negates the basis for arrest.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482
- vehicle ownership
- liquor seizure
- criminal antecedent
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42536 of 2026
Arising Out of PS. Case No.-332 Year-2020 Thana- PIRO District- Bhojpur
======================================================
Mukesh Kumar S/O Prabhunath Singh Resident of Village - Harpur
Pirtampur, Police station - Charpokhari, District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-07-2026 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 30 liters of liquor from a motorcycle.
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 he came to be
implicated based on the fact that he is owner of the seized
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.42536 of 2026(2) dt.01-07-2026
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create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
his friend would misuse the vehicle in the manner as alleged
who also fled from the spot.
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 Piro P.S.
Case No. 332 of 2020 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 verification if it is found that petitioner is a
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person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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