Patna High Court
MUKESH KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court held that bail should be granted to the petitioners.
Summary
The petitioners, Mukesh Kumar and Amarjeet Kumar, were arrested in connection with an Excise case (No.43 of 2026) for alleged recovery of 71.030 litres of illicit wine from a Mahindra vehicle, alleged under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2016. They contended that they were merely drivers, not owners, that nothing was seized from their conscious possession, and that the seizure list was prepared in violation of law; they also highlighted their clean record. The State opposed bail. After hearing both sides, the Court considered the lack of direct possession, the petitioners’ innocence claim, and the procedural irregularities, and ordered that bail be granted on condition of a Rs 10,000 bond each with two sureties. The order was directed to be complied with by the Special Judge of the Exclusive Excise Court‑2, Purnea.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2016.
- Whether the alleged procedural irregularities in the seizure list justify granting bail.
- Whether the absence of ownership or conscious possession of the illicit wine is a sufficient ground for bail.
Legislation cited
Subjects
- bail
- excise offence
- illicit wine
- Section 30(a)
- Bihar Prohibition and Excise Amendment Act, 2016
- seizure procedure
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11527 of 2026
Arising Out of PS. Case No.-43 Year-2026 Thana- Excise P.S. District- Purnia
======================================================
1. Mukesh Kumar, S/o Satto Paswan, R/o vill - Vishnupur Ghat, Ward no. 6,
P.S.- Ghansyampur, Dist.- Darbhanga
2. Amarjeet Kumar S/o Uday Paswan R/o vill - Karkoli, Ward no. 6, P.S.-
Ghansyampur, Dist.- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh, Adv.
For the Opposite Party/s : Mr. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioners and learned
A.P.P for the State.
2. The petitioners seek bail in connection with Excise
P.S. Case No. 43 of 2026 dated 16.01.2026 registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Amendment Act, 2016.
3. The allegation is of recovery of 71.030 litres illicit
wine from Mahindra JEETO X7-16.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in this
case. It is submitted that the petitioners are not the owner of the
said vehicle. It is further submitted that the petitioners are
Patna High Court CR. MISC. No.11527 of 2026(2) dt.17-02-2026
2/2
alleged to be the driver of the said vehicle. Further, it is
submitted that nothing has been recovered from the conscious
possession of the petitioners and the seizure list has been
prepared in contravention of law. The petitioners are in custody
since 16.01.2026, having no criminal antecedents and charge-
sheet has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer for bail
of the petitioners.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, let the
petitioners be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned Special Judge,
Exclusive Excise Court-2, Purnea in connection with Excise P.S.
Case No. 43 of 2026.
(Khatim Reza, J)
prabhat/-
U T
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