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Patna High Court

Mukesh kumar @ FultaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.24352 of 2026(2) dt.15-04-2026
                                            3/4




          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
           Patna High Court CR. MISC. No.24352 of 2026(2) dt.15-04-2026
                                                       4/4




                     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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