Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specific conditions.
Summary
Mukesh Kumar was arrested on 24 January 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 180 litres of Mahua liquor. The liquor was seized from a co‑accused, Deepak Kumar, and the petitioner claims he had no possession of the liquor and was merely present at the scene before fleeing. He argues that no material other than the co‑accused’s statement links him to the offence and that he is innocent. The prosecution opposed bail, citing seven prior criminal antecedents, although the petitioner is already on bail in all other pending matters. The High Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence, non‑tampering of evidence, and verification of antecedents. The bail order was made subject to cancellation if the conditions are breached.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
- Whether the fact that the seized liquor was recovered from a co‑accused affects the bail decision.
Subjects
- bail
- prohibition law
- excise
- Mahua liquor
- criminal antecedents
- co‑accused
- Bihar
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18358 of 2026
Arising Out of PS. Case No.-26 Year-2026 Thana- NARHATT District- Nawada
======================================================
Mukesh Kumar Son of Karu Chauhan @ Kargul Chauhan Resident of
Village- Jhikarua, P.S.- Narhat, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Patel, Advocate
For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Mr. Ranjeet Patel, learned counsel for the
petitioner and Mr. Gauri Shankar Gupta, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
24.01.2026 in connection with Narhat P.S. Case No. 26 of 2026,
F.I.R. dated 22.01.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 180 liters of Mahua liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather altogether 180
liters of Mahua liquor has been recovered from the co-accused,
Patna High Court CR. MISC. No.18358 of 2026(2) dt.24-03-2026
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namely, Deepak Kumar. He further submits that the petitioner
was also present at the place of occurrence but fled away from
there and Deepak Kumar has disclosed that the person who fled
away was the petitioner. He further submits that the petitioner
has no concern at all with the alleged recovery of the illicit
liquor or the vehicle in question and except the disclosure made
by the co-accused person, no other other material has come
during investigation which suggest the involvement of the
petitioner in the present occurrence. The petitioner is in custody
since 24.01.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that the petitioner carries seven criminal antecedents
other than the present one but fairly submits that he is on bail in
all the pending matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Excise Court-I, Nawada in connection with Narhat P.S.
Case No. 26 of 2026, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.18358 of 2026(2) dt.24-03-2026
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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