Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Mukesh Kumar, who has been in custody since August 5, 2025, applied for bail in an excise case (Case No. 1631 of 2025) concerning the alleged transport of 200 bottles of Wizkuff cough syrup, alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (amended 2018). The prosecution’s case is based on secret information leading to the seizure of the vehicle and the recovered consignment, while the petitioner claims he had no knowledge of the goods, the vehicle does not belong to him, and no incriminating article was found on his person. The petitioner’s counsel argued innocence and highlighted his solitary prior criminal case, whereas the State’s APP opposed bail. The court, noting the length of custody and the lack of direct evidence linking the petitioner to the contraband, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions regarding surety relationships, physical presence in court, and possible cancellation for future similar offences. The order also stipulated that any observations made therein would not affect the trial, and the bail bond should not be delayed for verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner in an excise offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the petitioner’s custody since 05.08.2025 and the nature of the alleged offence justify denial of bail.
- Whether the absence of incriminating material on the petitioner’s person and lack of ownership of the vehicle affect the bail decision.
Subjects
- bail
- excise law
- prohibition
- criminal procedure
- Section 30(a)
- Bihar
- custody
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78221 of 2025
Arising Out of PS. Case No.-106 Year-2025 Thana- EXCISE SIMRAHI District- Supaul
======================================================
Mukesh Kumar Son of Sahdev Yadav R/O Vill- Manhara, Ward No. 01, P.S.-
Bihra, District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Murari Narain Chaudhary, Advocate
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 06-01-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Excise Case No. 1631 of 2025 arising out of
Simrahi P.S. Case No. 106 of 2025 registered for the offence(s)
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act, 2016 amendment Act, 2018.
3. As per the prosecution case, on the basis of a secret
information that a vehicle was carrying cough syrup, the police
intercepted the same and apprehended three persons who
disclosed their names as Dilkhus Kumar, Mukesh Kumar (the
petitioner) and Nitish Kumar. Upon search, a total of 200 bottles
of Wizkuff cough syrup, each containing 100 ml, were
Patna High Court CR. MISC. No.78221 of 2025(3) dt.06-01-2026
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recovered.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in the
present case. It is contended that the petitioner has no concern
whatsoever with the recovered consignment and that no
incriminating article has been recovered from his conscious
possession. It is further submitted that the vehicle in question
does not belong to the petitioner. The learned counsel lastly
submits that the petitioner has one criminal case against his
name and he is in custody since 05.08.2025.
5. The learned A.P.P. has vehemently opposed the
prayer for bail.
6. Regard being had to the facts and circumstances of
the case and taking note of the fact that the petitioner has
remained in custody since 05.08.2025, let the petitioner, above
named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of the learned court below where the
case is pending/successor court in connection Excise Case No.
1631 of 2025 arising out of Simrahi P.S. Case No. 106 of 2025,
subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his
Patna High Court CR. MISC. No.78221 of 2025(3) dt.06-01-2026
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close relative and the other shall be the local resident.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the court concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be at liberty to
move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage it is found
that the petitioner has concealed his criminal antecedent, the
court below shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed for purpose of or in
the name of verification.
7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U T
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