CR. MISC./8555/2026 of Mukesh Singh Thapa @ Karan Kumar Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8555 of 2026 Arising Out of PS. Case No.-1156 Year-2025 Thana- SIKARPUR District- West Champaran ====================================================== Mukesh Singh Thapa @ Karan Kumar Son of Late Sohan Bahadur Singh @ Sohan Singh R/o - Purani Bazar, Shanti Bag, Ward no. 1, P.S. - Shikarpur. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashish Ranjan Garg, Advocate For the Opposite Party/s: Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 17-02-2026 Heard Mr. Ashish Ranjan Garg, learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP. 2. The petitioner is apprehending his arrest in connection with Sikarpur P.S. Case No. 1156 of 2025 for the offence under sections 30(a) of the Bihar Prohibition and Excise Act lodged on 16.12.2025 by the informant, Sadhu Ram. 3. As per the prosecution story, the Police on secret information, intercepted a person. He threw the sack and escaped. From the said sack, there is recovery/seizure of 25.20 liters of liquor. This led to the FIR. 4. Learned counsel for the petitioner submits that though he has criminal antecedent but not of the same nature, Patna High Court CR. MISC. No.8555 of 2026(2) dt.17-02-2026 2/4 nothing recovered from his conscious possession and only because chowkidar due to enmity named him, implicated. 5. Further, learned counsel for the petitioner relied on the judgment of the Full Bench of Hon’ble Patna High Court in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2) PLJR 1089 wherein it has been held that an application for anticipatory bail in a case arising out of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76(2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out. 6. Learned APP opposes the prayer submitting that the petitioner has criminal antecedent. 7. Taking into account the submissions of the parties and the judgment in the case of Ram Vinay Yadav (supra), as also that nothing has been recovered from his conscious possession, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions. 8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the Patna High Court CR. MISC. No.8555 of 2026(2) dt.17-02-2026 3/4 satisfaction of learned Exclusive Special Judge, Excise Court- III, Bettiah in connection with Sikarpur P.S. Case No. 1156 of 2025 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide; (ii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation; (iii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself; (iv) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds; (v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; Patna High Court CR. MISC. No.8555 of 2026(2) dt.17-02-2026 4/4 (vi) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. Adnan/- (Rajiv Roy, J) U T