Patna High Court
Mukesh Kumar @ Bhallu @ BhaluversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Mukesh Kumar was arrested in connection with the seizure of 161 litres of illicit country-made liquor, charged under Sections 318(4), 338, 336(3), 340(2) of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Amendment Act. The petitioner claimed he was falsely implicated, asserting that no liquor was found in his possession and that his name appeared only in the co‑accused’s statement, while the police failed to comply with Section 105 of the B.N.S.S. He had been in judicial custody since 15 February 2026. The State opposed bail, citing a prior criminal case. After hearing both sides, the Court considered the lack of direct evidence, procedural lapses, and the petitioner’s claim of innocence, and decided to grant bail on a bond of Rs 10,000 with two sureties. The order was directed to the Special Judge, Excise‑II, Patna.
Issues considered
- Whether bail should be granted to the petitioner despite serious excise offences.
- Whether the failure of police to comply with Section 105 of the B.N.S.S. affects the bail application.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
Legislation cited
Subjects
- bail
- illicit liquor
- excise law
- Section 105
- police procedure
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20742 of 2026
Arising Out of PS. Case No.-113 Year-2026 Thana- PIRBAHOR District- Patna
======================================================
Mukesh Kumar @ Bhallu @ Bhalu, S/o- Late Vidyanand Rai, R/v- Nayagao
PS- Pirbahore, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binay Kumar Singh, Advocate
For the Opposite Party/s : Ms. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Pirbahore P.S. Case No. 113 of 2026 registered for the
offence punishable under Sections 318(4), 338, 336(3), 340(2)
of B.N.S. and Section 30(a) of Bihar Prohibition and Excise
Amendment Act.
3. The case of the prosecution, in short, is that
altogether 161 liters of illicit country made liquor was recovered
from a tempo.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Nothing has been recovered from his possession. His name
Patna High Court CR. MISC. No.20742 of 2026(2) dt.01-04-2026
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has surfaced in the statement of co-accused Sunny Kumar. The
witnesses of the seizure list are police personnel. Police has not
complied Section 105 of the B.N.S.S. Petitioner is languishing
in judicial custody since 15.02.2026.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner is having criminal antecedent of one case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Special
Judge, Excise-II, Patna in connection with Pirbahore P.S. Case
No.113 of 2026.
(Ashok Kumar Pandey, J)
lata/-
U T
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