Patna High Court

Mukesh KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner subject to specified conditions.

Summary

Mukesh Kumar, a driver, was arrested in connection with the recovery of 533.160 litres of liquor from a vehicle and charged under Sections 30(a), 32(i)(iii), and 41(i)(ii) of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the liquor, no incriminating material was found on him, and that there was no compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed his bail application. Considering the lack of direct evidence, the petitioner’s clean record, and the procedural lapse, the Court decided to grant bail. The bail was conditioned on a bond of Rs. 15,000 with two sureties, one of whom must be a close family member, and the requirement to appear at every trial date, with cancellation possible after two consecutive defaults.

Issues considered

Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act.
Whether the lack of incriminating material and the petitioner’s claim of ignorance justify bail.
Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail decision.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
liquor seizure
driver
Bihar Prohibition and Excise Act
Bharatiya Nagarik Suraksha Sanhita
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2583 of 2026
                  Arising Out of PS. Case No.-720 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua)
                 ======================================================
                 Mukesh Kumar S/o- Upendra Rai R/v- Ashok Nagar R.No-8, Samrat Colony
                 Ps- Kankarbag Dist- Patna
                                                                        ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Rakesh Bihari Singh, Advocate
                 For the Opposite Party/s :         Mr.Ram Sevak Choudhary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Bhabua

                   Excise P.S. Case No. 720 of 2025, instituted for the offences

                   punishable under Sections 30(a), 32(i)(iii), 41(i)(ii) of the Bihar

                   Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 533.160

                   liters liquor was recovered from car.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel

                   further submitted that the petitioner is driver of the vehicle and

                   he has no knowledge regarding the goods loaded in the vehicle.

                   The petitioner is in custody since 30.11.2025 and has got no
           Patna High Court CR. MISC. No.2583 of 2026(2) dt.19-01-2026
                                                       2/2




                     criminal antecedent. There is no compliance of Section 103 of

                     the Bharatiya Nagarik Suraksha Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Bhabua Excise P.S.

                     Case No. 720 of 2025, subject to the following conditions:

                                  (I) One of the bailors shall be own/close member of

                     the family of the petitioner.

                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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