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Patna High Court

Mukesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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