Patna High Court
Mukesh Kumar Rai @ Rajesh RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to specified conditions.
Summary
Mukesh Kumar Rai was arrested in connection with the seizure of 2,909.160 litres of illicit foreign liquor, alleged under section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2018. He applied for regular bail, claiming innocence, a clean criminal record, and willingness to donate Rs.25,000 to charity without admitting guilt. The State opposed the bail. The High Court, after considering the facts and submissions, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, verify his clean antecedent, deposit Rs.25,000 with Ramakrishna Mission Ashrama, and report monthly to the police station, with non‑compliance leading to cancellation.
Issues considered
- Whether regular bail should be granted to the accused under section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2018
Subjects
- bail
- excise
- illicit liquor
- regular bail
- Bihar Prohibition & Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10451 of 2026
Arising Out of PS. Case No.-461 Year-2025 Thana- Excise P.S. District- Buxar
======================================================
Mukesh Kumar Rai @ Rajesh Rai Son of Singeshwar Rai Resident of Dih
Gaurihar Khalik Nagar, P.S.- Sakra, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Kant Singh
For the Opposite Party/s : Mr.Kumar Ranjit Ranjan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 23-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Excise Buxar P.S. Case No. 461 of 2025 registered for the
offence under section 30(a) of the Bihar Prohibition & Excise
(Amendment) Act, 2018.
3. The recovery is of 2909.160 litres of illicit foreign
liquor from a vehicle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has no criminal antecedent. He further
submits that the petitioner is in custody since 06.11.2025
without any fault.
5. Learned counsel for the petitioner also submits that
the petitioner is ready to donate Rs.25,000/- in some charitable
Patna High Court CR. MISC. No.10451 of 2026(4) dt.23-04-2026
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organization without accepting his guilt.
6. Learned APP appearing for the State opposes the
prayer of the petitioner for grant of bail.
7. Considering the facts and circumstances of the case
as well as the submissions of learned counsel for the petitioner,
this application is allowed.
8. Let the petitioner, above named, be released on bail
upon furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of learned Exclusive Excise Special Court No. 2,
Buxar / concerned Court below, in connection with Excise
Buxar P.S. Case No. 461 of 2025.
9. At the time of accepting the bail bonds of the
petitioner, the Court below shall verify the statement of the
petitioner that he has clean antecedent. The bail bonds of the
petitioner shall only be accepted if it is found that he has clean
antecedent.
10. This is also subject to the condition that the
petitioner shall deposit an amount of Rs.25,000/- in
Ramakrishna Mission Ashrama, Bela, Muzaffarpur and produce
the receipt of the same before the Court below. The bail bonds
of the petitioner shall be accepted after verifying the
Patna High Court CR. MISC. No.10451 of 2026(4) dt.23-04-2026
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genuineness of the receipt produced by the petitioner.
11. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Sakra Police Station, District- Muzaffarpur on any one Sunday
of the month. Any default in appearance at the Police Station
will result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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