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Patna High Court

Mukesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                        3/3




                       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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