Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail should be granted to the petitioner, subject to specified conditions, as the seizure was not from his conscious possession and procedural requirements were not complied with.
Summary
Mukesh Kumar was arrested on 27‑12‑2025 in connection with the seizure of 23.400 litres of foreign liquor from a motorcycle, alleged to violate Sections 274 and 275 of the Bihar Narcotic Substances Act (BNSS) and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. The petitioner pleaded that he had a clean antecedent and that the liquor was not found in his conscious possession, but only in the vehicle. He also contended that the police had failed to comply with procedural requirements of Sections 103 and 105 of the BNSS, 2023 before filing the charge‑sheet. The State opposed bail. The Court, after noting the lack of conscious possession and the procedural lapses, ordered the petitioner’s release on bail of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedent without delaying the release.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the offence and the circumstances of seizure.
- Whether the police complied with the procedural requirements of Sections 103 and 105 of the BNSS, 2023 before filing the charge‑sheet.
- Whether the seizure of liquor from the motorcycle constitutes conscious possession by the petitioner.
Legislation cited
- Bihar Narcotic Substances Act — s. 103, 105, 274, 275
Subjects
- bail
- foreign liquor seizure
- conscious possession
- procedural compliance
- Bihar Prohibition and Excise Act
- Bihar Narcotic Substances Act
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22765 of 2026
Arising Out of PS. Case No.-424 Year-2025 Thana- MALAHI District- East Champaran
======================================================
Mukesh Kumar S/o- Harichandra Shah @ Harchan Sah R/v- Benipur Ps-
Kesariya Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-04-2026 Heard Mr.Abhishek Kumar, learned counsel for the
petitioner and Mr.Awadhesh Kumar Singh, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
27.12.2025 in connection with Malahi P.S. Case No. 424 of
2025, F.I.R. dated 26.12.2025 registered for the offence
punishable under Sections 274 and 275 of BNS and Sections
30(a) and 41(1) of Bihar Prohibition and Excise Act.
3. Recovery is of 23.400 liters of foreign liquor.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. It appears from
the FIR as well as the seizure list that nothing has been
recovered from conscious possession of the petitioner rather the
recovery has been made from the motorcycle in question and
Patna High Court CR. MISC. No.22765 of 2026(2) dt.07-04-2026
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altogether 23.400 liters of foreign liquor has been recovered
from the motorcycle in question. Learned counsel for the
petitioner submits that from a bare perusal of the FIR it appears
that there is non-compliance of Sections 103 and 105 of BNSS,
2023 and the police, after investigation, submitted chargesheet
against the petitioner and the petitioner is in custody since
27.12.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has clean
antecedent, nothing has been recovered from conscious
possession of the petitioner rather the recovery has been made
from the motorcycle in question and there is non-compliance of
Sections 103 and 105 of BNSS, 2023, 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 learned Exclusive Special Excise
Court No.-1, Motihari, East Champaran in connection with
Malahi P.S. Case No. 424 of 2025, with the following
conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
Patna High Court CR. MISC. No.22765 of 2026(2) dt.07-04-2026
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and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her 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)
Nitesh/-
U T
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