Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court ordered the release of the petitioners on bail subject to conditions prescribed under Section 480(3) of the Bharatiya Nyaya Sanhita.
Summary
The petitioners were arrested after their car was intercepted with 120.3 litres of foreign liquor, alleged to violate Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition & Excise Act, 2016. They contended that they were merely passengers, had no knowledge of the liquor, and were not the vehicle owners, asserting that the seizure did not follow mandatory legal procedures. The State opposed bail, citing the nature of the offence. The Court, considering the lack of incriminating evidence in the petitioners' conscious possession, their clean antecedents (except one prior similar case for petitioner 1), and the period of custody, granted bail subject to a bond of Rs.10,000 each with two sureties and conditions under Section 480(3) of the BNSS. The bail order required the petitioners to appear on all court dates and stipulated cancellation of bail for non‑compliance.
Issues considered
- Whether bail should be granted to the accused under Section 317(5) of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition & Excise Act.
- Whether the seizure of the liquor complied with statutory requirements.
- Whether the petitioners pose a flight risk or threat to the investigation.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5), 480(3)
- Bihar Prohibition & Excise Act, 2016 — s. 30(a)
Subjects
- bail
- foreign liquor
- excise law
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bihar Prohibition & Excise Act
- Section 317
- Section 30
- Section 480
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42160 of 2026
Arising Out of PS. Case No.-312 Year-2026 Thana- HAJIPUR SADAR District- Vaishali
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1. Mukesh Kumar S/o Suresh Rai @ Suresh Ray R/o Village - Balwa Visunpur
Balaghri @ Balwa Kuwari, P.S - Hajipur Sadar, District - Vaishali
2. Ramnath Ray S/o Late Pradip Rai @ Pradip Ray Resident of Village- Balwa
Vishunpur Balaghari @ Balwa, P.S - Hajipur Sadar, District - Vaishali
3. Nitish Kumar S/o Parmeshwar Sahni @ Parmeshwar Shani R/o Village -
Pahitiya @ Pahetiya, P.S - Kajipur, District - Vaishali
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioners and learned
APP for the State.
02. In the present case, the petitioners seek bail in
connection with Hajipur Sadar P.S. Case No. 312 of 2026
registered for the alleged offences under Sections 317(5) of
Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar
Prohibition & Excise Act, 2016.
03. As per prosecution case, petitioners were found
transporting 120.3 liters of foreign liquor in a car when their car
was intercepted on the basis of a tip off.
04. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.42160 of 2026(2) dt.01-07-2026
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the petitioners are innocent and have been falsely implicated in
this case. Nothing incriminating has been recovered from the
conscious possession of the petitioners. Search and seizure has
not been made in compliance of the mandatory provisions of
law. Learned counsel further submits that the petitioners are not
the owner of the vehicle. Though petitioner no. 1 was the driver
and other two petitioners were co-passengers on the said vehicle
and they had been returning from a marriage and they were
having no knowledge about liquor kept in the vehicle. Learned
counsel further submits that the petitioner nos. 2 and 3 are
having clean antecedent whereas petitioner no. 1 is having
antecedent of one case of similar nature in which he is on bail.
The petitioners are in custody since 15.05.2026.
05. Learned APP for the State opposes the submission
made on behalf of the petitioners.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of recovery and period of custody of the petitioners, the
petitioners above named are directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned Exclusive Special Excise Court No. 1, Vaishali at
Patna High Court CR. MISC. No.42160 of 2026(2) dt.01-07-2026
3/3
Hajipur/court concerned in connection with Hajipur Sadar P.S.
Case No. 312 of 2026, subject to the conditions mentioned in
Section 480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of
the petitioners.
(ii) The petitioners will remain present on each
and every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioners will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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