Mukesh Kumar vs. The State Of Bihar Through The Home Department, Govt. Of Bihar
Original PDF →Facts
The petitioner, Mukesh Kumar, filed a criminal writ petition before the Patna High Court. He sought disciplinary action against police officers and an excise inspector for allegedly implicating him in a false case, Pandaul P.S. Case No. 270/2020, dated 21.10.2020. This case was subsequently quashed by the High Court. The petitioner claimed he possessed valid licenses for selling non-alcoholic beverages, specifically Kingfisher Ultra, which he lawfully purchased through GST invoices. He argued that the prosecution was malicious, intended to damage his reputation after he refused to meet illegal demands from the raiding officers. The petitioner also sought compensation of Rupees Fifteen Lakhs for business and reputational loss, physical and mental harassment, and legal costs incurred during his seven months of judicial custody.
Held
The Patna High Court disposed of the criminal writ petition by granting the petitioner liberty to approach the Bihar Human Rights Commission for the reliefs sought. The Court did not delve into the merits of the allegations of malicious prosecution or the legality of the petitioner's business activities. The specific issues regarding disciplinary action, compensation, and the validity of the prosecution for selling non-alcoholic beverages were not decided by the High Court in this order. The Court's decision was procedural, directing the petitioner to pursue his grievances before a different forum. No specific findings were made on the facts or the law pertaining to the case, and no amount of compensation was awarded or denied by the High Court.
Key Issues
1. Whether the petitioner was maliciously prosecuted by the respondent police officers and excise inspector, warranting disciplinary action and compensation, in light of the quashing of Pandaul P.S. Case No. 270/2020 by this Hon'ble Court? (Question of law and fact, concerning malicious prosecution and abuse of power). 2. Whether the sale of Kingfisher Ultra non-alcoholic beverages by the petitioner, who possessed valid licenses and GST invoices, constituted an illegal act justifying prosecution? (Question of law, concerning the legality of trade in specified goods). Petitioner's Arguments: The petitioner contended that the prosecution was initiated with malicious intent, as evidenced by the quashing of the case. He asserted that he had all necessary licenses and had conducted lawful business transactions for non-alcoholic beverages, supported by GST invoices. The prosecution, therefore, was not only illegal but also driven by a demand for illegal gratification, which he refused. He relied on the fact that the company manufacturing the beverages had valid licenses from the Excise & Prohibition department, Government of Bihar. Respondents' Arguments: The judgment records no specific arguments made by the respondents.
Sections Cited
None
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORAL ORDER 2 15-07-2025 Heard learned counsel for the petitioner and learned counsel for the State.
By way of this criminal writ petition, the petitioner has prayed for the following reliefs:- “i. For Issuance of an appropriate writ in the nature of mandamus commanding and directing the respondent authorities to take disciplinary action against the police officers namely Dharam Pal, the then SHO of Madhubani Town Police Station, 2/3 Jitendra Kumar Singh the then Additional SHO of Pandaul Police Station, Madhubani District, Saurabh Kumar excise inspector Madhubani Sadar posted in the Prohibition & Excise department Madhubani & Ors who had maliciously prosecuted the petitioner to implicate him in a false case, registered vide Pandaul P.S Case No. 270/2020 dated 21.10.2020 which was subsequently quashed by the Hon'ble Patna High Court vide order dated 09.02.2022 in Criminal Writ Juri iction Case No.280 of 2021. ii. For a declaration that if the petitioner was having the valid licences for the sale of the non-alcoholic beverages named as Kingfisher ultra non-alcoholic beverages issued by the Government of Bihar and the petitioner had lawfully purchased the said non-alcoholic beverages through GST invoice for its sale in the district of Madhubani from the company named United Breweries Limited which is a registered company incorporated under the Companies Act, 1956 having its factory at Plot No. A 1, Industrial Area, Kopakala, P.S- Naubatpur, District- Patna and the said company had been granted the license on 13.12.2016 from the Excise & Prohibition department, Government of Bihar for the manufacturing of malt based non-alcoholic drinks and again vide notification dated 24.01.2017 the said company was permitted to engage in the manufacturing of non-alcoholic beverages which is being sold in the brand names of Kingfisher Radler and Kingfisher Ultra and therefore the prosecution of the petitioner for the sale of the said non- alcoholic beverages was not only illegal but also with the malicious intention to damage the reputation of the petitioner in the locality when the petitioner refused to 3/3 meet the illegal demand being made by the raiding police officers for not instituting the said false case against the petitioner. iii. For commanding and directing the respondent authorities to pay compensation of the amount of Rupees Fifteen Lakhs to the petitioner from the personal pocket of these police officers for the damages incurred by the petitioner in the form of loss of business and loss of reputation in the market because of this malicious prosecution by the said police officers as the petitioner had to spend around seven months in the judicial custody because of this false prosecution and the compensation above mentioned also includes the physical & mental harassment and the legal cost incurred by the petitioner to come out of the said case lodged against him.”
This criminal writ petition is disposed of with liberty to the petitioner to move before the Bihar Human Rights Commission for the aforesaid reliefs.
pawan/- (Sandeep Kumar, J) U T
Reproduced from the public record of the Patna High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.