Patna High Court
CR. MISC./87297/2025 of Mukesh Kumar Vs The State of Bihar on 24 December 2025
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87297 of 2025 Arising Out of PS. Case No.-414 Year-2025 Thana- RIGA District- Sitamarhi ====================================================== Mukesh Kumar S/o Diplal Sah R/o Village- Ramnagra, Ward No 13, PS- Riga, Distt- Sitamarhi ... ...
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87297 of 2025
Arising Out of PS. Case No.-414 Year-2025 Thana- RIGA District- Sitamarhi ======================================================
Mukesh Kumar S/o Diplal Sah R/o Village- Ramnagra, Ward No 13, PS- Riga, Distt- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar =
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Ritesh Kumar Narain Singh
For the Opposite Party/s :
Mr.Rajesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
24-12-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 15 litres of liquor from a straw hut situated behind Kailash Market.
4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even the alleged recovery is from a place which does not belongs to the petitioner and is accessible to public at large and he came to be Patna High Court CR. MISC. No.87297 of 2025(2) dt.24-12-2025
implicated at the instance of local people, but then the name of the person, who disclosed the name of the petitioner is not disclosed in the FIR, which casts an aspersion on the case of the prosecution.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. 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 trial court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten 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 Riga P.S. Case No. 414 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more than two cases then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional Patna High Court CR. MISC. No.87297 of 2025(2) dt.24-12-2025
anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner has antecedent of two cases in that event the provisional anticipatory bail order shall be confirmed forthwith.
Sumit/- (Satyavrat Verma, J) U T