Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
Mukesh Kumar was arrested in connection with a case under the Bihar Prohibition and Excise Act where 443.25 litres of liquor were seized from two vehicles. He contended that his name was implicated solely on the basis of a co‑accused’s statement and that no liquor was found in his possession. The petitioner, who has one prior conviction and has been in custody since 20‑01‑2026, argued that the statutory requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, was not complied with. The State opposed bail, citing the seriousness of the offences. The Court, considering the lack of direct evidence against the petitioner, the earlier bail granted to the co‑accused, and the procedural lapse, ordered bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner under the Bihar Prohibition and Excise Act offences.
- Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, have been complied with.
- Whether the petitioner poses a risk of fleeing or tampering with evidence.
Legislation cited
Subjects
- bail
- prohibition and excise
- false implication
- liquor seizure
- criminal antecedent
- Section 103
- co‑accused
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14778 of 2026
Arising Out of PS. Case No.-324 Year-2023 Thana- DANIYAWAN District- Patna
======================================================
Mukesh Kumar S/o- Raj Kumar Mahto @ Raj Kumar R/v- Khabra @
Kiratpur Gurdas Ps- Muzaffarpur Sadar Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashutosh Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Daniyawan P.S. Case No. 324 of 2023 instituted for the offences
punishable under Section 30(a), 32(2), 32(3), 36, 41(1), 41(2) of
the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 443.25
litres of liquor was recovered from two cars.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. The
name of the petitioner transpired in this case on the basis of
disclosure made by co-accused Rajan Kumar. No incriminating
article has been recovered from the conscious possession of the
Patna High Court CR. MISC. No.14778 of 2026(2) dt.25-02-2026
2/2
petitioner. Learned counsel further submitted that petitioner is in
no manner connected with the vehicles in question or the
alleged recovery of liquor. The petitioner is in custody since
20.01.2026 and has one criminal antecedent. There is no
compliance of Section 103 of the Bharatiya Nagarika Suraksha
Sanhita, 2023. The co-accused person has already been granted
bail by this Court vide order dated 10.04.2024 passed in Cr.
Misc. No. 16939 of 2024.
5. Learned APP 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, claim based on parity as also 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 on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Daniyawan P.S. Case
No. 324 of 2023.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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