Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that, in the absence of any material seized from the petitioner and with the sole basis of accusation being a confessional statement lacking evidentiary value, the petitioner is entitled to bail.
Summary
The petitioner, Mukesh Kumar, applied for bail in a case under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, alleging recovery of 260 litres of liquor from two motorcycles. He had been in custody since 3 April 2026 and argued that nothing was seized from his possession, he was not the owner of the vehicles, and the only link to the offence was a confessional statement by another accused, Vikash, which he claimed lacked evidentiary value. The State opposed the bail. The court considered the lack of direct evidence against the petitioner and the length of his custody, and consequently ordered his release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount. The bail order was directed to be complied with by the trial court handling Excise P.S. Case No.148 of 2026.
Issues considered
- Whether the petitioner is entitled to bail under the Bihar Prohibition and Excise Act given the circumstances of his arrest.
- Whether the confessional statement of Vikash, made in police custody, can be relied upon to deny bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41
Subjects
- bail
- excise
- prohibition
- confessional statement
- surety
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44329 of 2026
Arising Out of PS. Case No.-148 Year-2026 Thana- Excise P.S. District- Nawada
======================================================
Mukesh Kumar Son of Ruplal Yadav Resident of Village - Mohkama, P.S.-
Rajauli, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Jha
For the Opposite Party/s : Mr. Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-07-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 30(a), 41 of Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and is in custody since
03.04.2026 and allegation is of recovery of 260 litres of liquor
from two motorcycles. It is next submitted that petitioner was
not arrested from the spot as such nothing was recovered from
his conscious possession and is not the owner of any of the
seized vehicles and he came to be implicated based on
confessional statement of Vikash in police custody, which does
not have any evidentiary value.
Patna High Court CR. MISC. No.44329 of 2026(2) dt.03-07-2026
2/2
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner and taking into consideration the
period of custody, the petitioner above-named, is directed to be
released on bail on furnishing bail bonds of Rs.5000/- (Rupees
five thousand) with two sureties of the like amount each to the
satisfaction of the learned trial court where the case is
pending/successor court in connection with Excise P.S. Case
No.148 of 2026.
(Satyavrat Verma, J)
amit/-
U T
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