Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner subject to specified conditions.
Summary
The petitioner, Mukesh Kumar, was arrested in connection with the seizure of approximately 173 litres of illicit liquor, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He applied for regular bail, offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Court, after considering the facts, the petitioner’s clean antecedent, and the submissions, allowed the bail application. The petitioner was ordered to furnish bail bonds of Rs. 10,000 each with two sureties, deposit Rs. 25,000 with Ramakrishna Mission Ashrama, and attend the police station on specified days, with verification of his antecedents. The order is limited to the bail application and does not prejudice the trial.
Issues considered
- Whether regular bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence and the petitioner’s antecedents.
Subjects
- bail
- prohibition
- excise
- illicit liquor
- criminal antecedent
- regular bail
- Section 30(a)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20886 of 2026
Arising Out of PS. Case No.-18 Year-2026 Thana- EXCISE JAGDISHPUR District- Bhojpur
======================================================
Mukesh Kumar S/o Gorakh Yadav R/o Village - Badka Dakaich, Ward No. 8,
P.S.- Krishna Brahm, District - Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha
For the Opposite Party/s : Mr. Khurshid Anwar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 02-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Jagdishpur P.S. Case No. 18 of
2026, registered for offences punishable under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. As per the prosecution case, approx 173 liters of
illicit liquor have been recovered from the truck in which the
petitioner was travelling. The petitioner is in custody since
05.02.2026 and claims clean antecedent.
4. Learned counsel for the petitioner submits that the
petitioner undertakes to donate a sum of Rs. 25,000/- (Rupees
Twenty-Five Thousand only) to a charitable organization,
without prejudice to his defence and without admitting guilt.
Patna High Court CR. MISC. No.20886 of 2026(2) dt.02-04-2026
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5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case and the submissions advanced on behalf of the parties,
the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Jagdishpur P.S. Case
No. 18 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand only)
with Ramakrishna Mission Ashrama, Latu Maharaj
Path, Opp. Circuit House, Chapra, Bihar and shall
produce a valid receipt thereof before the court
below. The bail bonds shall be accepted only after
verification of the genuineness of the said receipt.
(ii). The petitioner shall mark his
attendance at Krishna Brahm Police Station on the
first and third Sunday of each month. In the event
of default, the bail bonds shall be liable to be
cancelled.
(iii). At the time of acceptance of bail
bonds, the court below shall verify the antecedents
Patna High Court CR. MISC. No.20886 of 2026(2) dt.02-04-2026
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of the petitioner. The bail bonds shall be accepted
only upon confirmation that the petitioner has no
criminal antecedent. However, such verification
shall not be used as a ground to unnecessarily
delay acceptance of the bail bonds.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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