Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner.
Summary
The petitioner, Mukesh Kumar, was arrested in connection with a case (PS No. 139 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act after 301.5 litres of liquor were recovered from a vehicle. He contended that he had no knowledge of the liquor, was not arrested on the spot, and his name only appeared through a co‑accused’s statement, asserting that no incriminating material was found in his possession. The petitioner had been in custody since 12‑Nov‑2025, had no prior criminal record, and the State opposed his bail, citing the seriousness of the offence and non‑compliance with Section 103 of the BNSS, 2023. The Court noted the petitioner’s clean antecedents, the duration of his custody, and the fact that a co‑accused had already been granted bail, and therefore found no compelling reason to deny bail. Consequently, the Court ordered his release on bail upon furnishing a bond of Rs.15,000 with two sureties of equal amount. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case.
- Whether the non‑compliance with Section 103 of the BNSS, 2023, bars the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 103
- clean antecedent
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3016 of 2026
Arising Out of PS. Case No.-139 Year-2025 Thana- BHAPTIAHI District- Supaul
======================================================
Mukesh Kumar Son of Ashok Mandal Resident of village - Kullipatti, Ward
No.- 02, P.S.- Bhaptiyahi, District - Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhuweneswar Sahu, Advocate
For the Opposite Party/s : Ms. Renu Kumari, APP
======================================================
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
Bhaptiyahi PS Case No. 139 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 301.5 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. It is submitted
that petitioner was not arrested on the spot and his name has
Patna High Court CR. MISC. No.3016 of 2026(2) dt.19-01-2026
2/2
surfaced in this case on the disclosure made by apprehended co-
accused person. Petitioner has no concern with the vehicle in
question. The petitioner is in custody since 12.11.2025 and has
got no criminal antecedent/s. There is no compliance of Section
103 of the BNSS, 2023. Other co-accused has been granted bail
by this Court vide order dated 01.12.2025, passed in Cr. Misc.
No. 82001 of 2025.
5. Learned A.P.P. 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, clean antecedent of the petitioner 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/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bhaptiyahi PS Case
No. 139 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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