Patna High Court
Mukesh Kumar @ Mukesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
Mukesh Kumar Yadav was arrested in connection with a case (Guraru PS Case No. 286 of 2025) alleging possession of 50 litres of liquor, contravening Sections 317(5) of the Bharatiya Nagarika Suraksha Sanhita (BNS) and 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that no liquor was found in his personal possession, and that he had no link to the vehicle from which the liquor was recovered; he also highlighted the lack of compliance with Section 103 of the BNS. He had been in custody since 25‑12‑2025 and possessed one prior criminal antecedent. The State opposed bail. Considering the circumstances, the court found the bail application credible and ordered the petitioner’s release on bail, requiring a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged recovery of liquor and a prior criminal antecedent
- Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita precludes grant of bail
- Whether the petitioner’s alleged lack of connection to the vehicle and absence of incriminating article in his possession justify bail
Subjects
- bail
- false implication
- liquor seizure
- Section 103
- Bharatiya Nagarika Suraksha Sanhita
- Bihar Prohibition and Excise Act
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5918 of 2026
Arising Out of PS. Case No.-286 Year-2025 Thana- GURARU District- Gaya
======================================================
Mukesh Kumar @ Mukesh Kumar Yadav S/O Laxman Yadav R/O Village-
Shankar Bigha, P.S- Gurua, Distt.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrigendra Kumar, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Guraru
P.S. Case No. 286 of 2025 instituted for the offences punishable
under Sections 317(5) of the BNS and 30(a) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 50 litres
of liquor was recovered from motorcycle.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is in no manner connected with the vehicle in
Patna High Court CR. MISC. No.5918 of 2026(2) dt.31-01-2026
2/2
question or the alleged recovery of liquor. The petitioner is in
custody since 25.12.2025 and has one criminal antecedent.
There is no compliance of Section 103 of the Bharatiya
Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Guraru P.S. Case No.
286 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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