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Patna High Court

Mukesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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