Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that the petitioners are entitled to bail.
Summary
Mukesh Kumar and Sukesh Kumar were arrested during a police raid on illicit liquor operations in Athmalgola, Patna, where they were alleged to have snatched a breath‑analyzer and attacked police with stones and bricks. They were charged under Sections 191(2), 191(3), 190, 132, 109(1), 324(4) and 303(2) of the Bihar Narcotic Substances Act. The petitioners claimed they were falsely implicated, had no prior criminal record, and that the only evidence against Sukesh Kumar was a confessional statement of his brother, which they argued was unreliable. The State opposed bail, citing the seriousness of the offences. The court, noting the non‑specific nature of the allegations, the petitioners’ clean antecedent, the filing of the charge‑sheet and the period of custody, granted bail subject to conditions under Section 480(3) of the B.N.S.S., requiring a bail bond of Rs 10,000 with two sureties and compliance with additional conditions.
Issues considered
- Whether bail should be granted to the petitioners despite the serious nature of the offences alleged under the Bihar Narcotic Substances Act.
- Whether the allegations against the petitioners are sufficiently specific to justify denial of bail.
- Whether a confessional statement of one brother can be used to implicate the other in the absence of other evidence.
Legislation cited
Subjects
- bail
- illicit liquor
- breath analyzer
- Section 191
- Section 190
- Section 132
- Section 109
- Section 324
- Section 303
- Section 480(3)
- clean antecedent
- charge sheet
- non‑specific allegations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1368 of 2026
Arising Out of PS. Case No.-411 Year-2025 Thana- ATHMALGOLA District- Patna
======================================================
1. Mukesh Kumar S/O Binod Ray R/O Village- Ganjpar, P.S.- Athmalgola,
District- Patna.
2. Sukesh Kumar S/O Binod Ray R/O Village- Ganjpar, P.S.- Athmalgola,
District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prem Kumar, Advocate
For the State : Mr.Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
02. In the present case, the petitioners seek bail in
connection with Athmalgola P.S. Case No. 411 of 2025
registered for the alleged offences under Sections 191(2),
191(3), 190, 132, 109(1), 324(4), 303(2) of B.N.S.
03. As per prosecution case, in a drive against
purchase, transportation and use of illicit liquor, raids were
being conducted by the police party. At one place, the police
team found 4-5 persons creating commotion and two persons
were apprehended. When they were being tested by breath
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analyzer machine, they snatched brain analyzer machine from
the police team and called out 15-20 persons, who attacked the
police party with stones and bricks and snatched one mobile
phone from them. Petitioner Mukesh Kumar is stated to be one
of the apprehended persons, who fled away along with others
when the police team was attacked. The name of petitioner
Sukesh Kumar transpired during investigation for also being
involved in the said occurrence.
04. Learned counsel for the petitioner submits that the
petitioners are innocent and have been falsely implicated in this
case. From the rejection order of bail of these petitioners, it
transpires the breath analyzer machine was snatched by co-
accused Mantu Kumar, who threw it in river Ganga. Petitioner
Sukesh Kumar was not named in the FIR and his name came up
in the confessional statement of petitioner Mukesh Kumar but
such statement has no sanctity and it is not believable that
petitioner Mukesh Kumar would name his brother for being
involved in the said occurrence. Apart from general and
omnibus allegation, there is no other allegation against these
petitioners. The petitioners have got no criminal antecedent. The
petitioners are in custody since 14.11.2025 and charge sheet has
been submitted.
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05. Learned APP opposes the submission made on
behalf of the petitioners.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
general and non-specific nature of allegation against the
petitioners and further considering the period of custody of the
petitioners, their clean antecedent and submission of charge
sheet, the petitioners above named are directed to be released on
bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of learned S.D.J.M., Barh, District - Patna/concerned Court in
connection with Athmalgola P.S. Case No. 411 of 2025, subject
to the conditions mentioned in Section 480(3) of B.N.S.S. and
also the following conditions :
(i) One of the bailors will be a close
relative of the petitioners.
(ii) The petitioners 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
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petitioners will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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