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Patna High Court

Mukesh Kumar GiriversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to both petitioners, directing them to furnish a bail bond of Rs 10,000 each with two sureties.

Summary

The petitioners, Mukesh Kumar Giri and Aadarsh Kumar, were arrested after police seized 145.15 litres of illicit foreign liquor from a four‑wheel vehicle. They contended that the driver (petitioner 1) and the passenger (petitioner 2) were unaware of the contraband and that the seizure was effected without compliance with Section 105 of the Bihar Prohibition and Excise Act. The State opposed bail, highlighting a prior similar offence of petitioner 1, while noting petitioner 2 had no antecedent. The petitioners had been in judicial custody since 26 March 2026. After hearing both sides, the High Court found no sufficient ground to deny bail and ordered that both be released on a bail bond of Rs 10,000 each with two sureties, subject to the Special Excise Court’s satisfaction.

Issues considered

  • Whether bail should be granted to the accused under Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act.
  • Whether the seizure complied with the procedural requirement of Section 105 of the Act.
  • Whether the prior criminal antecedent of petitioner 1 precludes bail.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Section 105 compliance
  • criminal antecedent
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31677 of 2026
                         Arising Out of PS. Case No.-66 Year-2026 Thana- Roshna District- Katihar
                 ======================================================
           1.     Mukesh Kumar Giri S/O Manoj Kumar Giri Resident of Bihjadi, Police
                  Station- Deshri Sahdei, Distt.- Vaishali.
           2.    Aadarsh Kumar @ Adarsh Kumar S/O Arbind Kumar R/O Mahthi, P.S-
                 Ujiyarpur, Distt.- Samastipur.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mrs. Sweety Sinha, Advocate.
                 For the Opposite Party/s :        Mr. Syed Mojibur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   14-05-2026                   Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners have prayed for bail registered for the

                   offence punishable under Sections 30(a), 41 and 47 of the Bihar

                   Prohibition and Excise Act.

                                3. The case of the prosecution, in short, is that from a

                   four wheeler, altogether 145.15 liters of illicit foreign liquor was

                   recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioners have submitted that petitioners are innocent and have

                   committed no offence. They have been falsely implicated in this

                   case. He also submits that petitioner no. 1 is the driver, whereas

                   petitioner no. 2 is the passenger in the said car. He further submits
           Patna High Court CR. MISC. No.31677 of 2026(2) dt.14-05-2026
                                                       2/2




                     that the petitioners are unaware of the consignment being kept in

                     the said car. Nothing has been recovered from the possession of

                     the petitioner. The witnesses of the seizure list are police personnel

                     and the police has not complied with Section 105 of the BNSS

                     while making the seizure. Moreover, the petitioners are

                     languishing in judicial custody since 26.03.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that petitioner no. 1 has criminal

                     antecedent of one case of similar nature, whereas petitioner no. 2

                     has no criminal antecedent.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioners on bail.         The above named

                     petitioners are directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) each with two

                     sureties of the like amount each to the satisfaction of the learned

                     Exclusive Special Excise, Court-II, Katihar in connection with

                     Roshna P.S. Case No. 66 of 2026.


                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-
Raushan/-

U      T


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