Patna High Court

Mukesh Kumar Yadav @ BholaversusThe State of Bihar

Decided: 12 May 2026
Disposal: BAIL GRANTED
Bench: SHAILENDRA SINGH

Holding

The Court held that the petitioner is entitled to regular bail and ordered his release on bail.

Summary

The Patna High Court considered the regular bail application of Mukesh Kumar Yadav, who was arrested in connection with a case registered under Section 317(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Amendment Act for alleged possession of illicit liquor. The petitioner contended that he was falsely implicated, that the seized liquor was recovered from sacks near motorcycles that did not belong to him, and that there was no material establishing a nexus between him and the liquor. The State opposed the bail, arguing the seriousness of the offence. The Court examined the submissions, noted the lack of concrete evidence linking the petitioner to the seized liquor, and considered the length of custody. Concluding that the prosecution had not established a sufficient case and that the petitioner’s continued detention was unwarranted, the Court granted regular bail on a bond of Rs.20,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite the charges under Section 317(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Amendment Act.
Whether the prosecution has established a material nexus between the petitioner and the seized liquor to justify denial of bail.

Legislation cited

Bihar Narcotic Substances Act — s. 317(5)
Bihar Prohibition and Excise (Amendment) Act — s. 30(a)

Subjects

regular bail
bail application
Section 317
Section 30(a)
Bihar Narcotic Substances Act
Bihar Prohibition and Excise Amendment Act
false implication
seizure of liquor
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32028 of 2026
                     Arising Out of PS. Case No.-146 Year-2026 Thana- MIRGANJ District- Gopalganj
                 ======================================================
                 Mukesh Kumar Yadav @ Bhola, S/o Ramgati Yadav, R/o Village- Siyadi
                 Garh, PS- Siwan Mufasil, Distt- Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vikash Kumar Shukla, Adv.
                 For the Opposite Party/s :       Mr.Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   12-05-2026                  1. Heard the parties

                                2. The petitioner seeks regular bail in connection with

                   Mirganj P. S. Case No. 146 of 2026 registered for the offence

                   punishable under Section 317(5) of the BNS and Section 30(a)

                   of Bihar Prohibition and Excise Amendment Act.

                                3. The main submissions advanced by the petitioner's

                   counsel are that the petitioner is innocent and has been falsely

                   implicated in the present case and the alleged recovery has not

                   been made from conscious possession of the petitioner and

                   further the prosecution itself alleges that the liquor was

                   recovered from sacks kept near motorcycles and the motorcycle

                   in question does not belong to the petitioner and there is no

                   material on record to establish nexus of the petitioner with the

                   alleged seized liquor and he has been languishing in jail since
              Patna High Court CR. MISC. No.32028 of 2026(2) dt.12-05-2026
                                                          2/2




                        08.03.2026.       Learned       counsel      further   submits   that   no

                        independent witness of locality has supported the alleged

                        seizure.

                                     4. Learned APP appearing for the State has opposed

                        the bail prayer of the petitioner.

                                     5. In the facts and circumstances of this case and

                        considering the statements made in the petition as well as above

                        submissions, coupled with the nature of allegation and period

                        of custody, this court is inclined to grant the relief of bail to the

                        petitioner, accordingly, let the petitioner named-above be

                        enlarged on bail in connection with Mirganj P. S. Case No. 146

                        of 2026       on furnishing bail bond of Rs. 20,000/- (Rupees

                        Twenty Thousand) with two sureties of the like amount each to

                        the satisfaction of the Court concerned.



                                                  (Shailendra Singh, J)
Rajiv/-

U         T

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