Patna High Court
Babu @ Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, subject to bond and surety conditions.
Summary
The petitioner, Babu Mukesh Kumar, applied for regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that illicit liquor recovered from two locations was delivered by him. The prosecution claimed the petitioner supplied the liquor, while the petitioner argued that no liquor was found in his possession and that the seizure was not conducted in compliance with Section 105 of the B.N.S.S., asserting he was framed based on his criminal record. The State opposed bail, highlighting the petitioner’s 14 prior cases, 13 of which are similar in nature. After hearing both sides, the court found the bail application credible and ordered the petitioner’s release on a bail bond of Rs.10,000 with two sureties, subject to conditions of cooperation with the trial and weekly police attendance. The order was directed to be communicated to the Superintendent of Police, Aurangabad.
Issues considered
- Whether regular bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure of illicit liquor complied with Section 105 of the B.N.S.S.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 105
Subjects
- regular bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 105
- criminal antecedent
- seizure procedure
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40179 of 2026
Arising Out of PS. Case No.-160 Year-2026 Thana- AURANGABAD TOWN District-
Aurangabad
======================================================
Babu @ Mukesh Kumar S/o Sarju Prasad @ Saryu Prasad Gupta R/o Mohalla
Shahpur Akhada, P.S.- Town, District- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh, lAdvocate
For the Opposite Party/s : Ms. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short is that 57 liters
and 27 liters of illicit liquor were recovered from two places
from different persons. The apprehended persons disclosed that
the petitioner has delivered them the illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of this petitioner. It has further
Patna High Court CR. MISC. No.40179 of 2026(2) dt.30-06-2026
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been submitted that the witnesses of the seizure list are police
personnel. Police has not complied Section 105 of the B.N.S.S.
while making the seizure. The name of this petitioner has
surfaced in the statement of the apprehended co-accused
persons. He has been framed in this case only on the basis of his
criminal antecedents. He is languishing in judicial custody since
20.04.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having criminal antecedent of 14
cases out of which 13 are of similar nature.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Aurangabad Town P.S. Case No. 160 of 2026 on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned District and
Additional Sessions Judge-cum-Exlcusive Special Judge, Excise
Court No.I, Aurangabad with the following conditions:-
(i) The petitioner shall cooperate in the trial and
shall remain physically present on each and every fixed date
Patna High Court CR. MISC. No.40179 of 2026(2) dt.30-06-2026
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in the learned trial court.
(ii) He shall also mark his attendance weekly at
Town P.S.
7. Office is directed to communicate this order to the
Superintendent of Police, Aurangabad.
(Ashok Kumar Pandey, J)
lata/-
U T
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