Mukesh Kumar @ Mukesh Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79238 of 2025 Arising Out of PS. Case No.-374 Year-2025 Thana- SULTANGANJ District- Patna ====================================================== Mukesh Kumar @ Mukesh Choudhary S/o- Surendra Choudhary @ Sulendra Choudhary @ Surendra Kumar R/O- Musallahpur Hat, Professor Colony, Shahganj, PS- Sultanganj, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nityanand Kumar, Advocate For the Opposite Party/s :
Mr. Md. Matloob Rab, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-12-2025
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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 27 litres of liquor from an E-rickshaw.
4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that petitioner is not the owner of the seized E-rickshaw and came to be implicated at the instance of the local person but then the name of the person who disclosed the name of the
Patna High Court CR. MISC. No.79238 of 2025(2) dt.08-12-2025 2/3 petitioner is not disclosed in the FIR which casts an aspersion on the case of the prosecution when petitioner admittedly is a person with clean antecedent.
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, let 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.500/- (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 Sultanganj P.S. Case No. 374 of 2025, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. It is made clear that thereafter the learned trial court shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of even one case, it would be presumed that petitioner had concealed his antecedent before this Court at para 3 of the anticipatory bail application in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that petitioner is a
Patna High Court CR. MISC. No.79238 of 2025(2) dt.08-12-2025 3/3 person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Kundan/- U T