Patna High Court
Mukesh Kumar GiriversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Prohibition and Excise Act — s. 105, 30(a), 41, 47
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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