Patna High Court
Mukesh Kumar @ Mukesh MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The petitioner is entitled to provisional anticipatory bail, subject to verification of his criminal antecedents.
Summary
The petitioner, Mukesh Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 0.750 litres of liquor found in a motorcycle he owned. He argued that he had no prior criminal record, was not in possession of the liquor at the time of seizure, and was unaware of any misuse of his vehicle by another individual. The State opposed his request for anticipatory bail. The High Court, considering the petitioner's clean antecedent and the circumstances of the seizure, granted provisional anticipatory bail on the condition of a bail bond and two sureties, directing the trial court to verify his antecedents before confirming the bail. The order stipulated that if any antecedent is discovered, the bail would not be confirmed. The decision reflects the court's exercise of its inherent powers under Section 482(2) to prevent unwarranted arrest.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the inherent powers of the High Court in a case under the Bihar Prohibition and Excise Act
- Whether ownership of the vehicle used in the alleged offence suffices to justify arrest without proof of possession
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a) Bihar Prohibition and Excise Act
- Section 482 CrPC
- clean antecedent
- vehicle ownership
- seizure of liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44361 of 2026
Arising Out of PS. Case No.-105 Year-2026 Thana- EXCISE BIRAUL District- Darbhanga
======================================================
Mukesh Kumar @ Mukesh Mahto S/O Ashok Kumar @ Ashok Kumar Mahto
@ Sito Mahto R/O village- Afjala Tole, P.S.- Biraul, Dist.- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Virendra Kumar
For the Opposite Party/s : Mr.Sangeeta Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-07-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 0.750 litres of liquor from a motorcycle. It is next
submitted that petitioner was not arrested 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 create evidence against himself and hence would get
Patna High Court CR. MISC. No.44361 of 2026(2) dt.07-07-2026
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implicated. It is also submitted that the petitioner was
completely unaware that Mukesh would misuse his vehicle in
the manner as alleged, who was also apprehended from the spot
along with Fazrul.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender 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 Biraul Excise P.S. Case No.105/2026, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
Patna High Court CR. MISC. No.44361 of 2026(2) dt.07-07-2026
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on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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