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Patna High Court

Mukesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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