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Patna High Court

MukhtasarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner.

Summary

The petitioner, Mukhtasar, was arrested in connection with a case (Jokihat PS Case No. 368 of 2025) alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 90.78 litres of liquor. He claimed he was merely a passenger with no knowledge of the contraband and that no incriminating material was found on his person. The State opposed bail, while the petitioner’s counsel argued innocence and highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. After considering the facts, the court found the petitioner’s claim credible and noted the period of custody already served. Consequently, the court ordered his release on bail upon furnishing a bond of Rs. 15,000 with two sureties of equal amount.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case
  • Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail application

Legislation cited

Subjects

  • bail
  • prohibition act
  • excise
  • Section 30(a)
  • Section 103
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2213 of 2026
                        Arising Out of PS. Case No.-368 Year-2025 Thana- JOKIHAT District- Araria
                 ======================================================
                 Mukhtasar S/o Mohammad Shafeq @ Md. Shafique Resident of Village-
                 Sisouna, Ward No. 02, P.S.- Araria, District- Araria
                                                                             ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Gopal Kumar Jha, Advocate
                 For the Opposite Party/s :        Ms.Renuka Ratnakar (App 125)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Jokihat

                   P.S. Case No. 368 of 2025, instituted for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 90.78

                   liters liquor was recovered from Auto.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. The petitioner

                   was passenger and he had no knowledge about goods loaded on

                   the vehicle. The petitioner is in custody since 13.11.2025 and
           Patna High Court CR. MISC. No.2213 of 2026(2) dt.19-01-2026
                                                       2/2




                     has got one criminal antecedent. There is no compliance of

                     Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Jokihat P.S. Case

                     No. 368 of 2025.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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