Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs.5,000 and two sureties.
Summary
The petitioner, Mukesh Kumar, was arrested in connection with the seizure of 4,518 litres of liquor and three motorcycles under the Bihar Excise Act. He argued that he was not caught in possession of the liquor, that the motorcycles were owned by him but were misused by another person, and that he had no prior criminal record except one case. The State opposed bail, citing the seriousness of the offences. The court considered the lack of direct possession, the petitioner’s cooperation, and the bail conditions. It concluded that the petitioner was unlikely to abscond and could be released on bail. Accordingly, bail was granted upon furnishing a bond of Rs.5,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner under the Bihar Excise Act offences
- Whether the petitioner is likely to abscond or tamper with evidence
Subjects
- bail
- excise law
- seizure of liquor
- motor vehicle ownership
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24066 of 2026
Arising Out of PS. Case No.-370 Year-2021 Thana- BIBHUTIPUR District- Samastipur
======================================================
Mukesh Kumar S/o Ganga Prasad Mahto R/o Village- Rampurghat Ward No.-
12, PS- Cheriya Bariyarpur, Distt.- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surya Narayan Roy, Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 30(a), 32(2), 32(3), 36 and
41(1), (2) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case, as would manifest from
the supplementary affidavit and allegation is of recovery of
4518 liters of liquor from a truck and three different
motorcycles were seized.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of one of the
seized motorcycles. It is next submitted that no prudent person
Patna High Court CR. MISC. No.24066 of 2026(2) dt.18-04-2026
2/2
would use his own vehicle for committing an occurrence and
thus would create evidence against himself and hence would get
implicated, it is also submitted that petitioner was completely
unaware that Anil would misuse the vehicle in the manner as
alleged who was also apprehended from the spot along with
Krishna and Santosh. It is also submitted that petitioner is in
custody since 15.01.2026 and if privilege of bail is granted, the
petitioner will not abscond rather will cooperate in the trial to
prove his innocence.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of Rs.
5000/- (Rupees Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with
Bibhutipur P.S. Case No. 370 of 2021.
(Satyavrat Verma, J)
Rishabh/-
U T
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