Patna High Court
Mukesh Kumar @ Mukesh Yadav @ KathawaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that bail should be granted to the petitioners subject to the stipulated conditions.
Summary
The petitioners, Mukesh Kumar and others, sought bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 35 litres of country‑made liquor was allegedly seized from an open garden near a canal. They contended that the liquor was not in their physical possession, the seizure was conducted in a public area without an independent witness, and thus violated mandatory search‑seizure provisions. The State opposed bail, citing the petitioners' criminal antecedents, although the petitioners were already on bail in other matters. The Court, after considering the facts, granted bail to each petitioner on a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic Substances Act, including cooperation with the investigation and that one bailor be a close relative. The order was conditioned on surrender within four weeks if arrested.
Issues considered
- Whether bail should be granted to the petitioners in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged lack of an independent witness to the seizure list amounts to a violation of search and seizure provisions.
- Whether the petitioners' criminal antecedents preclude the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- prohibition law
- search and seizure
- criminal antecedents
- Section 30
- Bihar Prohibition and Excise Act
- CrPC 438
- Bihar Narcotic Substances Act 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19569 of 2026
Arising Out of PS. Case No.-4 Year-2026 Thana- UDWANTNAGAR District- Bhojpur
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1. Mukesh Kumar @ Mukesh Yadav @ Kathawa S/o Late Bhagirathi @ Sadhu
R/o vill - Bhagwatipur, P.S.- Udawantnagar, Distt.- Bhojpur
2. Rakesh Kumar S/o Dayanand Singh R/o vill - Bhagwatipur, P.S.-
Udawantnagar, Distt.- Bhojpur
3. Rohit Kumar S/o Krishna Singh R/o vill - Bhagwatipur, P.S.- Udawantnagar,
Distt.- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Priya
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 03-04-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners are apprehending their arrest in a
case registered for the offence punishable under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. Perusal of the first information report and the
seizure list, would go to show that 35 liters of country made liquor
is said to have been recovered from the garden near the canal.
4. It is submitted by learned counsel for the
petitioners that there is no recovery from the physical and
conscious possession of the petitioners. It is submitted that the
place of recovery is an open place and easily accessible to anyone.
It is further submitted that the mandatory provisions of search and
Patna High Court CR. MISC. No.19569 of 2026(2) dt.03-04-2026
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seizure have been violated as there is no independent witness to
the seizure list.
5. Learned APP for the State opposes the prayer for
bail on the ground that petitioners have criminal antecedents, to
which, learned counsel for the petitioners submits that the
petitioners are on bail in all the cases.
6. Taking into consideration the facts and circumstances
of the case, let the above named petitioners in the event of their
arrest or surrender before the learned Court below within a period
of four weeks from today, be enlarged on bail on furnishing bail
bond of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
court below where the case is pending/successor court in
connection with Udawantnagar P.S. Case No. 04 of 2026, subject
to the condition as laid down under Section 438 (2) of the
Cr.P.C./482(2) of the B.N.S.S., subject to the further conditions:
(i) The petitioners shall cooperate in the
investigation/trial.
(ii) One of the bailors will be a family member/close
relative.
(Soni Shrivastava, J)
devendra/-
U T
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