Patna High Court
MikkuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 292, 480(3), 61(2)
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
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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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