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Patna High Court

MikkuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a bond and conditions.

Summary

Mikku was arrested in connection with the transportation of foreign liquor, with 179.25 litres seized from two vehicles and charges under Sections 292 and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 30(a), 32, 41(i) & (ii) of the Bihar Prohibition & Excise Act, 2016. He argued that he was merely a co‑passenger, not the owner or driver, and that no liquor was found in his personal possession, seeking bail. The State opposed the bail application. The Court observed that the allegations against him were vague and considered the length of his custody since 10‑01‑2026. Accordingly, it granted bail on a bond of Rs 10,000 with two sureties, imposing conditions under Section 480(3) of the BNSS, including regular court appearances and possible cancellation on non‑compliance.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the alleged offences under the BNSS and Bihar Prohibition & Excise Act.
  • Whether the allegations against the petitioner are sufficiently specific to justify continued detention.

Legislation cited

Subjects

  • bail
  • foreign liquor
  • excise
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Bihar Prohibition & Excise Act
  • Section 480(3)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10816 of 2026
                          Arising Out of PS. Case No.-6 Year-2026 Thana- FCI District- Begusarai
                 ======================================================
                 Mikku S/o Ram Shankar Singh R/o vill - Machaha, P.S.- Muffasil, Distt.-
                 Begusarai

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Aditya Kumar, Advocate
                 For the Opposite Party/s :        Mr. Md. Anzarul Haque Sahara, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   17-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                02. In the present case, the petitioner seeks bail in

                   connection with FCI P.S. Case No. 06 of 2026 registered for the

                   alleged offences under Sections 292 and 61(2) of Bharatiya

                   Nyaya Sanhita, 2023 and Section 30(a), 32 and 41(i) & (ii) of

                   the Bihar Prohibition & Excise Act, 2016.

                                03. As per prosecution case, an information was

                   received about transportation of foreign liquor in two vehicles.

                   The vehicles were signaled to stop but they tried to flee away.

                   The petitioner and other co-accused persons were apprehended

                   and from search of the vehicles, recovery of 179.25 liters of

                   India made foreign liquor was made.

                                04. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.10816 of 2026(2) dt.17-02-2026
                                            2/3




          petitioner is innocent and has been falsely implicated in this

          case. Nothing incriminating has been recovered from the

          conscious possession of the petitioner. The petitioner has no

          knowledge about illegal trade of liquor and this fact is clear

          from the FIR as recovery has been shown from the two vehicles

          but the petitioner is neither the owner nor the driver of any of

          the vehicles seized by the police and he was merely a co-

          passenger who was present there. Learned counsel further

          submits that the petitioner is having antecedent of two cases and

          he is on bail in both the cases. The petitioner is in custody since

          10.01.2026.

                       05. Learned APP for the State opposes the submission

          made on behalf of the petitioner

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          vague nature of allegation against the petitioner and also

          considering the period of custody of the petitioner, the petitioner

          above named is directed to be released on bail on furnishing bail

          bonds of Rs. 10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of learned Exclusive Special

          Excise Judge-I, Begusarai/court concerned in connection with

          FCI P.S. Case No. 06 of 2026, subject to the conditions
           Patna High Court CR. MISC. No.10816 of 2026(2) dt.17-02-2026
                                                       3/3




                     mentioned in Section 480(3) of BNSS and the following

                     conditions:

                                  (i) One of the bailors will be a close relative of

                                  the petitioner.

                                  (ii) The petitioner will remain present on each and

                                  every date fixed by the court below.

                                  (iii) In case of absence on three consecutive dates

                                  or in violation of the terms of the bail, the bail

                                  bond of the petitioner will be liable to be

                                  cancelled by the court concerned.



                                                       (Arun Kumar Jha, J)
Ashish/-

U      T


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