Created by Fuzzy Cloud

Patna High Court

Mukesh Kumar Thakur @ Mukesh ThakurversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to a bail bond, sureties and conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

Mukesh Kumar Thakur applied for anticipatory bail after learning that he might be arrested in connection with PS case No. 291 of 2025, which alleges offences under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution claims that 405 litres of liquor were recovered from a tractor, while the petitioner contends that his name was only mentioned by a co‑accused and that he was neither the driver nor the owner of the vehicle. He further argues that he has no criminal antecedents and that the statutory requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, has not been complied with, rendering the case prima facie weak. The State opposed the bail, asserting the seriousness of the offences. The Court, after considering the submissions, ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.15,000 with two sureties of the same amount, subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the present case
  • Whether a prima facie case exists against the petitioner under the relevant provisions
  • Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, have been satisfied

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • liquor seizure
  • Bihar Prohibition and Excise Act
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarika Suraksha Sanhita
  • Section 103
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90217 of 2025
                    Arising Out of PS. Case No.-291 Year-2025 Thana- HARLAKHI District- Madhubani
                 ======================================================
                 Mukesh Kumar Thakur @ Mukesh Thakur S/O Palat Thakur R/O Village-
                 Kamlavarpatti, P.S- Harlakhi, Distt.- Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ravi Ranjan, Advocate
                 For the Opposite Party/s :      Mr. Kanhiya Kishor, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner apprehends his arrest in connection

                   with Harlakhi PS Case No. 291 of 2025                     instituted for the

                   offences under Section 30(a) of the Bihar Prohibition and Excise

                   Act and Sections 274, 275 & 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                           3.       The prosecution case, in short, is that total 405

                   litres of liquor was recovered from Tractor.

                           4.       Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.

                   The name of the petitioner transpired in this case on the basis of

                   disclosure made by apprehended co-accused person. Petitioner
           Patna High Court CR. MISC. No.90217 of 2025(2) dt.19-01-2026
                                                       2/2




                     is neither the driver nor the owner of the vehicle in question.

                     The petitioner has got no concern with the alleged recovery of

                     liquor. The petitioner has no criminal antecedent. There is no

                     compliance of Section 103 of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023. Learned counsel for the petitioner, therefore,

                     contends that prima-facie no case is made out against the

                     petitioner.

                             5.      Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                             6.      Considering the aforesaid facts and circumstances

                     of the case, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Harlakhi PS Case

                     No. 291 of 2025, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.