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Patna High Court

Mukesh KodaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner subject to specified conditions.

Summary

Mukesh Koda was arrested in connection with the recovery of 200 litres of illicit liquor and charged under Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. He had been in custody since 12 February 2026 and applied for regular bail, offering to donate Rs.25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Patna High Court, after considering the facts and the petitioner's submission, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, deposit the charitable amount with Ramakrishna Mission, attend Kajra Police Station every Sunday, and undergo verification of any prior criminal antecedents. The bail was conditioned on these requirements and may be cancelled if they are not complied with. The order reflects the court's discretion to grant bail in non‑violent offences while imposing safeguards.

Issues considered

  • Whether bail should be granted to a person accused of offences under Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the court may impose a charitable donation as a condition of bail.
  • Whether prior criminal antecedents affect the grant of bail in this case.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • Bharatiya Nyaya Sanhita
  • Bihar Prohibition and Excise Act
  • charitable donation condition
  • criminal antecedent
  • court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17561 of 2026
                       Arising Out of PS. Case No.-24 Year-2026 Thana- KAJRA District- Lakhisarai
                 ======================================================
                 Mukesh Koda S/O Bishundeo Koda @ Bishnu Koda R/O Village- Shrikishun
                 Kodasi, P.S- Kajra, Distt.- Lakhisarai.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Umesh Prasad
                 For the Opposite Party/s :        Ms. Anita Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   24-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection Kajra P.S.

                   Case No. 24 of 2026 registered for the offence punishable under

                   Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 and

                   Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. There is recovery of 200 liters of illicit liquor. The

                   petitioner is in jail since 12.02.2026.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- (Rupees Twenty Five

                   Thousand Only) in some charitable organization without

                   accepting his guilt.

                                5. Learned APP for the State has vehemently opposed

                   the prayer of the petitioner.
Patna High Court CR. MISC. No.17561 of 2026(2) dt.24-03-2026
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                       6. Considering the facts and circumstances of the case

          and the submission of learned counsel for the petitioner, this

          application for regular bail is allowed.

                       7. Accordingly, let the petitioner above named be

          released on bail, on furnishing bail bonds of Rs.10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of learned Court below where the case is

          pending/successor Court in connection with Kajra P.S. Case No.

          24 of 2023 subject to the condition that:-

                                               (I). The petitioner shall deposit an
                                  amount of Rs. 25,000/- (Rupees Twenty Five
                                  Thousand Only) in Ramakrishna Mission
                                  Ashrama, Nala Road, Patna and produce the
                                  receipt of the same before the Court below.
                                  The bail bonds of the petitioner shall be
                                  accepted after verifying the genuineness of
                                  the receipt produced by the petitioner;
                                               (ii). The petitioner is directed to
                                  mark his attendance in Kajra Police Station
                                  on every Sunday of each month. Failure to
                                  do so, will result in cancellation of bail bond
                                  of the petitioner;
                                               (iii). Before accepting the bail
                                  bonds of the petitioner, the court below shall
                                  verify the petitioner’s criminal antecedents.
                                  If it is found that the petitioner has any
                                  criminal antecedents other than Kajra P.S.
            Patna High Court CR. MISC. No.17561 of 2026(2) dt.24-03-2026
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                                              Case No. 14 of 2018, the bail bonds shall not
                                              be accepted. However, if the petitioner is
                                              found to have only one criminal antecedent,
                                              namely Kajra P.S. Case No. 14 of 2018, the
                                              bail bonds shall be accepted by the court
                                              below forthwith.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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