Mukesh Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Mukesh Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Provisional anticipatory bail: release on furnishing bail-bonds of Rs.500 with two sureties of the like amount each, within six weeks of arrest or surrender, subject to Section 438(2) Cr.P.C. conditions, with confirmation contingent on trial Court verification of clean criminal antecedents.

Issue for consideration

Whether the petitioner should be granted anticipatory bail in connection with Meskaur P.S. Case No.01 of 2026 registered for offences punishable under Sections 30(a) and 41 of the Excise Act.

Court's answer

In the event of arrest or surrender before the learned Court below within six weeks, the petitioner is directed to be released on provisional anticipatory bail on furnishing bail-bonds of Rs.500 with two sureties of the like amount each, to the satisfaction of the learned Trial Court where the case is pending/successor Court, in connection with Meskaur P.S. Case No.01 of 2026, subject to the conditions under Section 438(2) Cr.P.C.

Ratio / Principle

After accepting the provisional bail bonds, the learned trial Court shall verify the criminal antecedent of the petitioner; if found that the petitioner has antecedent of even one case, it would be presumed that he concealed his antecedent to obtain anticipatory bail, and the provisional anticipatory bail order shall not be confirmed.

Key takeaways

If on verification the petitioner is found to be a person with clean antecedent, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶25

Detailed headnote1 paragraphs

Anticipatory bail - Sections 30(a) and 41, Excise Act - Meskaur P.S. Case No.01 of 2026, District Nawada - allegation of recovery of 200 litres of liquor from a motorcycle registered in petitioner's name; petitioner claims the vehicle was stolen prior to the occurrence and that his attempts to lodge an FIR, an informatory petition before the CJM, Gayaji and an application to the S.S.P., Gayaji went unheeded - petitioner not arrested from the spot and nothing alleged to be recovered from his conscious possession - held, petitioner directed to be released on provisional anticipatory bail upon arrest or surrender within six weeks, on bail-bonds of Rs.500 with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions - trial Court to verify criminal antecedents after accepting provisional bail bonds; if even one antecedent case is found, the provisional order shall not be confirmed (concealment presumed), but if clean antecedent is verified, the provisional anticipatory bail order shall be confirmed forthwith - application allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37895 of 2026

Arising Out of PS. Case No.-1 Year-2026 Thana- MESKAUR District- Nawada

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

Mukesh Kumar S/o- Jayendra Prasad Resident of Village- Devra, Police Station- Tankupp, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr.Kamal Kumar Sinha For the Opposite Party/s : Mr.Satyendra Prasad

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

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 17-06-2026

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a) and 41 of the Excise Act.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 200 litres of liquor from a motorcycle.

The learned counsel for the petitioner submits 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 motorcycle. It is next submitted that his vehicle was stolen prior to the occurrence, as such, he had approached the concerned

Patna High Court CR. MISC. No.37895 of 2026(2) dt.17-06-2026 2/3

Police Station for instituting an FIR, but the FIR was not instituted, as such, he filed an informatory petition in the Court of the learned Chief Judicial Magistrate, Gayaji and also an application before the S.S.P., Gayaji which was sent by registered post as would manifest from Annexure-2 series at Page-23.

Learned A.P.P. opposes the anticipatory bail application.

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-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor Court in connection with Meskaur P. S. Case No.01 of 2026, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is

Patna High Court CR. MISC. No.37895 of 2026(2) dt.17-06-2026 3/3

found that petitioner has antecedent of even one case, then it would be presumed that petitioner for the purposes of obtaining 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)

vikash/-

U T