Patna High Court

Mukesh Kumar @ GudduversusThe State of Bihar

Decided: 10 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner subject to monetary bond and compliance conditions.

Summary

The petitioner, Mukesh Kumar, was arrested in connection with a case alleging possession of 375 litres of illicit liquor in a Scorpio car, invoking Sections 30(a), 32(1), 32(2) and 41 of the Bihar Prohibition and Excise Act. He claimed he was merely the driver, unaware of the contraband, and asserted innocence, noting the absence of any incriminating material in his conscious possession. The State opposed bail, highlighting his two prior criminal antecedents and alleged non‑compliance with Section 103 of the BNSS, 2023. After considering the facts, the court found the circumstances sufficient to grant bail, subject to a bond of Rs.15,000 with two sureties and specific conditions regarding family surety and trial attendance. The bail was ordered to be released after framing of charge, if not already done.

Issues considered

Whether bail should be granted to the accused in a case under the Bihar Prohibition and Excise Act despite prior criminal antecedents
Whether the alleged non‑compliance with Section 103 of the BNSS, 2023, warrants denial of bail

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
illicit liquor
criminal antecedent
Section 103 BNSS
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.11172 of 2026
                 Arising Out of PS. Case No.-26 Year-2026 Thana- SAHEBPUR KAMAL District- Begusarai
                 ======================================================
                 Mukesh Kumar @ Guddu S/O Adhiklal Tanti R/O Vill.- Nawagadhi, P.S.-
                 Mufassil, Dist.- Munger.



                                                                                ... ... Petitioner/s
                                                      Versus


                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Akash Kumar Mishra, Advocate
                 For the Opposite Party/s :      Ms. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   10-03-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with S.

                   Kamal PS Case No. 26 of 2026 instituted for the offences under

                   Section/s 30(a), 32(1), 32(2) & 41 of the Bihar Prohibition and

                   Excise Act.

                           3.       The prosecution case, in short, is that 375 liters

                   liquor was recovered from Scorpio car.

                           4.       Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.11172 of 2026(3) dt.10-03-2026
                                            2/3




          the conscious possession of the petitioner. The petitioner has got

          no concern with the alleged recovery of liquor. It is submitted

          that name of the petitioner has surfaced in this case as being

          driver of the vehicle in question and he was oblivious of the fact

          that illicit liquor was laden in the vehicle. The petitioner is in

          custody since 31.01.2026 and has got two criminal antecedent/s.

          There is no compliance of Section 103 of the BNSS, 2023.

                  5.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  6.      Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                  7.      Let the petitioner be released on bail, after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs.15,000/- (Fifteen thousand) with two sureties of the like

          amount each to the satisfaction of Court below/concerned Court

          in connection with S. Kamal PS Case No. 26 of 2026, subject to

          the following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioner.

                  (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
           Patna High Court CR. MISC. No.11172 of 2026(3) dt.10-03-2026
                                                       3/3




                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

Continue reading with your account

Checking your session…