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

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

What the court decided

AI extract

Outcome

Provisional anticipatory bail: release on arrest or surrender before the learned Court below within six weeks, on furnishing bail-bonds of Rs.5,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions; confirmation contingent on trial-Court verification of criminal antecedents.

Issue for consideration

Whether the petitioner should be granted anticipatory bail in connection with Bairiya P.S. Case No.273 of 2026, registered for offences punishable under Section 30(a) of the Excise Act. +1 more

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.5,000/- with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C., in connection with Bairiya P.S. Case No.273 of 2026.

Ratio / Principle

After accepting the provisional bail bonds, the learned trial Court shall verify the petitioner's criminal antecedent; if more than one case is found, it will be presumed that the petitioner concealed his antecedent before this Court for the purpose of obtaining anticipatory bail, and the present provisional anticipatory bail order shall not be confirmed.

Key takeaways

If verification shows the petitioner has antecedent of one case only, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶24

Detailed headnote1 paragraphs

Anticipatory bail - Excise Act, S. 30(a) - Bairiya P.S. Case No.273 of 2026, District West Champaran - Counsel for petitioner submitted that petitioner has antecedent of one case under the Excise Act and the allegation is of recovery of 40 litres of liquor from a bag near Tinmuhani; petitioner was not arrested from the spot, nothing was recovered from his conscious possession, the place of alleged recovery does not belong to him and is accessible to the public, and he was implicated at the instance of a Chaukidar with whom he is on an inimical term - Learned A.P.P. opposed the application - Court directed that, on arrest or surrender before the learned Court below within six weeks, the petitioner be released on provisional anticipatory bail on furnishing bail-bonds of Rs.5,000/- with two sureties of the like amount each, subject to conditions under S. 438(2) Cr.P.C. - Trial Court, after accepting the provisional bail bonds, to verify the criminal antecedent of the petitioner: if more than one case is found, concealment before this Court is to be presumed and the provisional order shall not be confirmed; if only one case is found, the provisional order shall be confirmed forthwith. Application allowed. (Satyavrat Verma, J.)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50095 of 2026

Arising Out of PS. Case No.-273 Year-2026 Thana- BAIRIYA District- West Champaran

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

Mukesh Chaudhari @ Mukesh Kumar S/O Harihar Chaudhary R/O VillageBagahi Nimiya Tola, P.S- Bairiya, District - West Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Umesh Kumar Gupta For the Opposite Party/s : Ms.Pronoti Singh ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 17-07-2026

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 Section 30(a) of the Excise Act.

The learned counsel for the petitioner submits that the petitioner has antecedent of one case under the Excise Act and allegation is of recovery of 40 litres of liquor from a bag near Tinmuhani.

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 even alleged recovery is from a place, which does not belong to the petitioner and is accessible to public at large and he came to be implicated

Patna High Court CR. MISC. No.50095 of 2026(2) dt.17-07-2026 2/3

at the instance of Chaukidar with whom he is on an inimical term.

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.5,000/- (Rupees Five Thousand) 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 Bairiya P. S. Case No.273 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 found that petitioner has antecedent of more than 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

Patna High Court CR. MISC. No.50095 of 2026(2) dt.17-07-2026 3/3

order shall not be confirmed, but if on verification, it is found that petitioner has antecedent of one case only, in that event, the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J)

vikash/-

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