Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38172 of 2026 Arising Out of PS. Case No.-245 Year-2026 Thana- DARIYAPUR District- Saran ====================================================== Mukesh Kumar Son of Daroga Ray R/o village - Pojhi Bichala Tola , P.sDerni , District - Saran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Prakash, Advocate Mr. Vinod Kumar For the Opposite Party/s :

Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-06-2026 Heard the learned counsel for the petitioner and learned counsel for the State.

2. The petitioner apprehends arrest in connection with Dariyapur P.S. Case No. 245 of 2026 registered for offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 41.250 liters of illicit liquor. The petitioner is alleged to have fled away from the spot.

4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has not committed any offence. He further submits that the petitioner is ready to donate Rs. 25,000/- (Rupees Twenty Five Thousand Only) in some charitable organization without accepting his guilt. The

Patna High Court CR. MISC. No.38172 of 2026(2) dt.16-06-2026 2/3 petitioner has no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer of the petitioner.

6. Considering the facts and circumstances of the case and the submission of learned counsel for the petitioner, this application for anticipatory bail stands allowed.

7. Accordingly, let the petitioner, above-named, in the event of arrest or surrender within four weeks from today in the Court below, be released on 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 learned Court below where the case is pending/successor Court in connection with Dariyapur P.S. Case No. 245 of 2026 subject to the conditions as laid down under Section 482(2) of the BNSS and with further condition(s) that:- (I). The petitioner shall deposit an amount of Rs. 25,000/- (Rupees Twenty Five Thousand Only) in Ramakrishna Mission Ashrama, Latu Maharaj Path, Opp. Circuit House, Chapra, Bihar and produce the receipt of the same before the Court below.

The bail bonds of the petitioner shall be accepted after verifying the genuineness of the receipt produced by the petitioner.

(ii). The petitioner is directed to

Patna High Court CR. MISC. No.38172 of 2026(2) dt.16-06-2026 3/3 mark his attendance at Derni Police Station on every 1st and 3rd Sunday of each month.

Failure to do so will result in cancellation of bail bond of the petitioner.

(iii). At the time of accepting the bail bonds of the petitioner, the Court below shall verify the fact whether the petitioner has clean antecedent or not. If it is found that the petitioner has clean antecedent then only his bail bonds shall be accepted by the Court below.

8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Sandeep Kumar, J) Shishir/- U T