Patna High Court
Mukesh Singh Thapa @ Karan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner with conditions, holding that the bar under Section 76(2) does not apply where no offence is made out.
Summary
Mukesh Singh Thapa applied for anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act after an FIR was lodged based on a seizure of liquor from a sack he allegedly threw away. The petitioner argued that no liquor was found in his conscious possession and that the allegation was made by a disgruntled watchman, citing a Full Bench decision (Ram Vinay Yadav v. State of Bihar, 2019) which allows anticipatory bail despite the bar in Section 76(2) if no offence is established. The State opposed the bail on the ground of the petitioner’s prior criminal antecedents. The Court, considering the lack of possession, the precedent, and the petitioner’s criminal record, granted anticipatory bail subject to stringent conditions including bond, sureties, regular appearances before police and court, and non‑interference with witnesses. The order directs release on bail if arrested or surrendered within four weeks, subject to compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act despite the bar under Section 76(2).
- Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail.
- Whether the absence of liquor in the petitioner’s conscious possession negates the existence of an offence under Section 30(a).
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- Section 76(2)
- criminal antecedent
- bail conditions
- conscious possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8555 of 2026
Arising Out of PS. Case No.-1156 Year-2025 Thana- SIKARPUR District- West Champaran
======================================================
Mukesh Singh Thapa @ Karan Kumar Son of Late Sohan Bahadur Singh @
Sohan Singh R/o - Purani Bazar, Shanti Bag, Ward no. 1, P.S. - Shikarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashish Ranjan Garg, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 17-02-2026 Heard Mr. Ashish Ranjan Garg, learned counsel for
the petitioner and Mr. Jitendra Kumar Singh, learned APP.
2. The petitioner is apprehending his arrest in
connection with Sikarpur P.S. Case No. 1156 of 2025 for the
offence under sections 30(a) of the Bihar Prohibition and
Excise Act lodged on 16.12.2025 by the informant, Sadhu
Ram.
3. As per the prosecution story, the Police on secret
information, intercepted a person. He threw the sack and
escaped. From the said sack, there is recovery/seizure of 25.20
liters of liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that
though he has criminal antecedent but not of the same nature,
Patna High Court CR. MISC. No.8555 of 2026(2) dt.17-02-2026
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nothing recovered from his conscious possession and only
because chowkidar due to enmity named him, implicated.
5. Further, learned counsel for the petitioner relied
on the judgment of the Full Bench of Hon’ble Patna High
Court in the case of Ram Vinay Yadav vs. State of Bihar
reported in 2019 (2) PLJR 1089 wherein it has been held that
an application for anticipatory bail in a case arising out of
Bihar Excise and Prohibition Act can be maintained, despite
the bar under Section 76(2) of the Act, if on the basis of
allegation made in the FIR, no offence under the said provision
is made out.
6. Learned APP opposes the prayer submitting that
the petitioner has criminal antecedent.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that nothing has been recovered from his conscious
possession, in that background, this Court is inclined to extend
him the privilege of anticipatory bail with conditions.
8. Let the petitioner be released on bail in the event
of arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
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satisfaction of learned Exclusive Special Judge, Excise Court-
III, Bettiah in connection with Sikarpur P.S. Case No. 1156 of
2025 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall
be submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
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(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at
liberty to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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