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Patna High Court

Gholtu Singh @ Mukesh SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

In the absence of cogent incriminating material and given the petitioner’s clean antecedent, the court held that anticipatory bail is warranted.

Summary

Gholtu Singh (Mukesh Singh) was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 after 14 litres of illicit liquor were recovered from an abandoned motorcycle, which the police alleged he was driving. The petitioner contended that he was neither the driver nor the owner, had a clean antecedent, and that the case was based solely on suspicion with no substantive incriminating material. The State opposed the bail application, but the court noted the absence of evidence and the petitioner's lack of prior criminal record. Relying on Section 482(2) of the B.N.S.S., 2023, the court granted anticipatory bail, directing the petitioner to surrender within eight weeks and furnish a bail bond of Rs.10,000 with two sureties. The bail was conditioned on disclosure of any criminal antecedent or false statements, which could lead to cancellation.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 in the absence of substantive evidence
  • Whether the petitioner’s clean antecedent and lack of prior bail applications justify the grant of bail

Legislation cited

Subjects

  • anticipatory bail
  • bail
  • excise law
  • illicit liquor
  • Section 30(a)
  • Section 482(2)
  • Bihar Prohibition and Excise Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45055 of 2026
                         Arising Out of PS. Case No.-79 Year-2026 Thana- BAUNSI District- Araria
                 ======================================================
                 Gholtu Singh @ Mukesh Singh Son of Late Ram Singh @ Ramesh Singh,
                 Resident of Village - Hansa, Ward No. - 06, Police Station - Raniganj, District
                 - Araria.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mukesh Kumar Rana, Advocate
                 For the State            :        Mr. Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

2   08-07-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail, apprehending his arrest,

                   in connection with Bausi P.S. Case No. 79 of 2026, dated

                   11.05.2026, registered for the offences punishable under Section

                   30(a) of Bihar Prohibition and Excise Act, 2016.

                                 3. As per allegation, one person was driving the

                   motorcycle with a bag hanging from it, but seeing the police, the

                   motorcyclist fled away leaving behind the motorcycle,

                   wherefrom 14 liter of illicit liquor has been recovered. As per

                   local chowkidar, the person, who fled away, was the petitioner.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.45055 of 2026(2) dt.08-07-2026
                                            2/3




          case. He further submits that the petitioner has clean antecedent

          and he is neither driver nor owner of the vehicle. He also

          submits that the whole case is based only on suspicion and there

          is no cogent incriminating material against the petitioner.

                        5. On the basis of the material available, no case is

          made out against the Petitioner under Excise Act and the

          Petitioner is entitled to get anticipatory bail.

                       6. It is also stated in paragraph no. 2 of the bail

          petition that the petitioner has not moved this Court earlier

          either for anticipatory bail or regular one in the instant case.

                       7. However, learned APP for the State vehemently

          opposes the prayer of the Petitioner for bail.

                       8. Considering the aforesaid facts and circumstances,

          this petition is allowed, directing the petitioner, above-named,

          to be enlarged on bail, in the event of his arrest or surrender

          before the court below within a period of eight weeks from the

          date of receipt / production of a copy of this order, on his

          furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned concerned Court Below, in connection with Bausi P.S.

          Case No. 79 of 2026, subject to the conditions as laid down

          under Section 482 (2) of the B.N.S.S., 2023 and on the
           Patna High Court CR. MISC. No.45055 of 2026(2) dt.08-07-2026
                                                       3/3




                     following conditions:

                                  (i) In case, it is brought to the notice of the court

                     below that the petitioner has any criminal antecedent, learned

                     court below shall cancel the bail bonds of the petitioner after

                     hearing him and getting satisfied that the petitioner has

                     concealed his criminal antecedents despite his knowledge of the

                     same.

                                  (ii) In case, it is brought to the notice of the court

                     below that statement regarding previous bail petition is wrong,

                     learned court below shall cancel the bail bonds of the petitioner.



                                                                     (Jitendra Kumar, J.)
ravishankar/-

U      T


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