Patna High Court
Mukesh TatmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to specified conditions.
Summary
Mukesh Tatma was arrested in connection with the seizure of 138 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 (Amended). He applied for bail, claiming innocence, no prior criminal record, and offering to donate Rs. 25,000 to a charitable organization. The State opposed the bail. The High Court, after considering the facts and submissions, granted bail on the condition that the petitioner furnish two surety bonds of Rs.10,000 each, deposit Rs.25,000 with the Ramakrishna Mission Ashram, and attend the police station on the first and third Sundays of each month. The court also directed verification of the petitioner’s antecedent before accepting the bail bonds and warned that any default would lead to cancellation. The order is limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused in a case of alleged illicit liquor possession under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 (Amended) considering the circumstances of custody, alleged innocence, and lack of prior record.
Subjects
- bail
- illicit liquor
- prohibition act
- Section 30(a)
- criminal procedure
- surety
- charitable donation
- attendance condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25857 of 2026
Arising Out of PS. Case No.-62 Year-2026 Thana- KORHA District- Katihar
======================================================
Mukesh Tatma S/o Suresh Tatma R/o Village - Mirzapur, P.S. - Korha, Dist. -
Katihar.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhola Prasad
For the Opposite Party/s : Mr.Yogendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 20-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Korha
P.S. Case No. 62 of 2026 registered for the offence under
Section 30(a) of the Bihar Prohibition and Excise Act, 2022
(Amended).
3. The recovery is of 138 liters of illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he is in custody since 04.03.2026. He
further submits that the petitioner has no criminal antecedent.
5. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt.
6. Learned APP appearing for the State opposes the
Patna High Court CR. MISC. No.25857 of 2026(2) dt.20-04-2026
2/3
prayer for bail of the petitioner.
7. Considering the facts and circumstances of the
case and submissions of learned counsel for the petitioner, let
the petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned concerned
Court below in connection with Korha P.S. Case No. 62 of
2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Ashram, P.O and D.T. Katihar, PIN 854105
and produce the receipt of the same before the Court below. The
bail bonds of the petitioner shall be accepted after verifying the
genuineness of the receipt produced by the petitioner.
9. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Korha Police Station on first and third Sunday of each month.
Any default in appearance at the police station will result in
cancellation of bail bonds of the petitioner.
10. As the petitioner claims to have clean
antecedent, the Court below, before accepting the bail bonds of
the petitioner is directed to verify the antecedent of the
petitioner. If the petitioner is found to be involved in any other
Patna High Court CR. MISC. No.25857 of 2026(2) dt.20-04-2026
3/3
case then the bail bonds of the petitioner shall not be accepted.
11. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…