Mukesh Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Mukesh Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be enlarged on bail on arrest/surrender before the court below within eight weeks, on bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Court No. 1, Aurangabad, subject to Section 482(2) BNSS 2023 conditions.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in Aurangabad Mufassil P.S. Case No. 377 of 2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act, following reported recovery of 1.440 litres of illicit liquor from his house.

Court's answer

Anticipatory bail is allowed: considering the quantity of recovery and the petitioner's clean antecedent.

Ratio / Principle

In the event of arrest or surrender before the court below within eight weeks, the petitioner is to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Judge, Excise Court No. 1, Aurangabad, in connection with Aurangabad Mufassil P.S. Case No. 377 of 2024, subject to the conditions laid down under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Bihar Prohibition and Excise Act, S. 30(a) — Anticipatory bail — Per prosecution case, 1.440 litres of illicit liquor recovered from the house of the petitioner; counsel contends recovery was from the joint house and petitioner has clean antecedent. Considering the quantity of recovery and clean antecedent, the High Court allowed the anticipatory bail application: upon arrest/surrender before the court below within eight weeks, petitioner to be enlarged on bail on bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No. 1, Aurangabad (Bihar), in connection with Aurangabad Mufassil P.S. Case No. 377 of 2024, subject to conditions under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J.)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4130 of 2025

Arising Out of PS. Case No.-377 Year-2024 Thana- MUFFASIL District- Aurangabad

======================================================

Mukesh Kumar Son of Dharmendra Pal Resident of Village-Sonbarsa, Kanbehari, P.S. - Aurangabad Mufassil, Aurangabad (Bihar)

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Aman Vishal, Advocate For the Opposite Party/s : Mr. Rajesh Kumar, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 24-02-2025

Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for

the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, 1.440 litres illicit liquor has been recovered from the house of petitioner.

Learned counsel for the petitioner submits that no incriminating material has been recovered from conscious possession of the petitioner and he has been made accused only on suspicion. Recovery has been made from the joint house of petitioner and he has got no concern with the alleged recovery. Petitioner claims clean antecedent.

Considering the quantity of recovery and clean antecedent, this anticipatory bail is allowed and it is ordered that

Patna High Court CR. MISC. No.4130 of 2025(2) dt.24-02-2025 2/2

let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No. 1, Aurangabad (Bihar) in connection with Aurangabad Mufassil P. S. Case No. 377 of 2024, subject to condition as laid down under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J)

Navya/-

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