Patna High Court
Mukul KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedent and compliance with conditions under Section 482(2) of the B.N.S.S.
Summary
Mukul Kumar, the owner of a motorcycle from which 17.28 litres of liquor was seized, feared arrest under Section 30(a) of the Bihar Prohibition and Excise Act. He argued that he had no knowledge of the liquor being placed in his vehicle and that he had a clean criminal record. The State opposed his anticipatory bail application. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that Kumar furnish a bail bond of Rs.500 with two sureties and that the trial court verify his antecedents. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, the provisional bail would be confirmed. The application was therefore allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the circumstances of alleged possession of liquor in his vehicle
- Whether ownership of the vehicle suffices to justify arrest under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for provisional anticipatory bail
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- provisional bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- ownership of vehicle
- criminal antecedent
- Section 482(2) B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85555 of 2025
Arising Out of PS. Case No.-324 Year-2025 Thana- DORIGANJ District- Saran
======================================================
Mukul Kumar S/o- Mukesh Sah Resident of Village- West Balluan PS-
Doriganj District-Saran At Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 20-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. 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 17.28 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.85555 of 2025(3) dt.20-01-2026
2/3
implicated. It is also submitted that petitioner was completely
unaware that his friend would misuse the vehicle in the manner
as alleged.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Additional
Sessions Judge-cum-Presiding Officer, Exclusive Special Excise
Court No.-03, Saran at Chapra in connection with Doriganj P.S.
Case No.324 of 2025, subject to the conditions laid down under
Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner 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 obtaining
Patna High Court CR. MISC. No.85555 of 2025(3) dt.20-01-2026
3/3
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if 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)
Sanjay/-
U T
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