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Patna High Court

Mukesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                         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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