Patna High Court
Mukesh kumar @ FultaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners subject to specified conditions.
Summary
Petitioners Mukesh Kumar (alias Fulta) and Shashi Kumar were arrested on 15 February 2026 following a police raid that seized 360 litres of illegal country‑made liquor and an unregistered motorcycle allegedly belonging to Mukesh Kumar. They were charged under Sections 30(a) and 32 of the Bihar Prohibition Excise Act. The petitioners claimed innocence, arguing that the investigation violated mandatory provisions of Sections 103 and 105 of the BNSS, 2023, and that they had been in custody for over two months. The State opposed bail, citing the petitioners’ prior criminal antecedents, though they were already on bail in those matters. The High Court, after considering the facts and the petitioners’ antecedents, granted bail on a bond of Rs 10,000 each with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents. The order directed that bail should not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 32 of the Bihar Prohibition Excise Act.
- Whether the investigation complied with the mandatory provisions of Sections 103 and 105 of the BNSS, 2023.
- Whether the petitioners’ prior criminal antecedents preclude the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- illegal liquor
- Bihar Prohibition Excise Act
- BNSS 2023
- criminal antecedent
- seizure
- excise
- sections 30(a)
- section 32
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24352 of 2026
Arising Out of PS. Case No.-25 Year-2026 Thana- DHARHARA District- Munger
======================================================
1. Mukesh kumar @ Fulta S/o Subit Yadav Resident of village - Bari
Govindpur, P.S.- Dharahra, Dist.- Munger
2. Shashi Kumar S/o Late Pappu Yadav Resident of village - Bari Govindpur,
P.S.- Dharahra, Dist.- Munger
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Kamal Nayan, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-04-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. Petitioners seek bail who are in custody since
15.02.2026 in connection with Dharahra P.S. Case No. 25 of
2026 for the offences punishable under Sections 30(a) and 32 of
Bihar Prohibition Excise Act.
3. The prosecution story, in brief, is that on 14.02.2026
at about 4:40 PM, Pritam Kumar the sub-inspector of Dharahra
Police Station received confidential information that Sunil Kora
was selling and storage of illegal country-made Mahua liquor at
his house. The informant informed his superior officer and at
about 6:10 PM reached at the house of Sunil Kora along with a
Patna High Court CR. MISC. No.24352 of 2026(2) dt.15-04-2026
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police team. No independent person agreed to become a
witness, therefore, in the presence of Constable No. 2226 Ashok
Kumar Mandal and Constable No. 1259 Shambhu Kumar, a raid
was conducted at the house. On seeing the police team, three
persons attempted to flee from the house of Sunil Kora. With the
assistance of the police team, two persons were apprehended,
while one person managed to escape due to darkness. Upon
interrogation, the apprehended persons disclosed their names as
Fulta @ Mukesh Kumar (petitioner) and Shashi Kumar
(petitioner). The name of the absconding accused was disclosed
as Sunil Kora. The police recovered a blue Apache motorcycle
without a registration number from near the house of Sunil
Kora. The said motorcycle belonged to Fulta @ Mukesh Kumar.
During the raid, a total of 360 liters of illegal country-made
liquor stored in several containers, along with the unregistered
Apache motorcycle (Engine No. CE8FS2X22849), was seized
from the place of occurrence. Thereafter, the informant prepared
the seizure list, which was duly signed by the witnesses. The
case has been registered at Dharhara Police Station as Case No.
25/2026.
4. Learned counsel for the petitioners submits that
petitioners are innocent and they have falsely been implicated in
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the present case. It appears from the FIR that altogether 360
liters of illegal country-made liquor was recovered from the
motorcycle in question. It is next submitted that there is non-
compliance of mandatory provisions of Sections 103 and 105 of
BNSS, 2023 and petitioner is in custody since 15.02.2026.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioners on
the ground that petitioner no. 1 has antecedent of three cases
other than the present case and petitioner no. 2 has antecedent of
one case other than the present case but the petitioners are on
bail in all the pending matters.
6. Considering the aforesaid facts and circumstances,
let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned Exclusive Special Judge, Excise-I, Munger in
connection with Dharahra P.S. Case No. 25 of 2026 subject to
the following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
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reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners 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 petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. 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)
Gaurav Sinha/-
U T
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