Patna High Court
Mukesh Kumar @ Manohar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court held that bail may be granted despite the seriousness of the alleged offence and the petitioner’s antecedent, subject to a bond of Rs 10,000, two sureties and specified conditions.
Summary
Mukesh Kumar was arrested in connection with a case of alleged smuggling of 390 litres of Nepali illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution claimed he was identified from a seized motorcycle, while the petitioner contended he was falsely implicated, the vehicle did not belong to him, and he had no involvement with the seized liquor. He has one prior criminal record and has been in custody since 30 September 2025. The petitioner offered to deposit Rs 5,000 with the Lawyers’ Association Welfare Benevolent Fund and sought bail. The court, after hearing both sides, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding presence in court, future offences, and verification of his antecedent.
Issues considered
- Whether the petitioner is entitled to bail in the alleged smuggling case under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the petitioner’s criminal antecedent and the nature of the offence preclude the grant of bail
Subjects
- bail
- smuggling
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal antecedent
- trial court
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84501 of 2025
Arising Out of PS. Case No.-204 Year-2025 Thana- BHAPTIAHI District- Supaul
======================================================
Mukesh Kumar @ Manohar Kumar S/O Lakshman Yadav R/O VIll.- Harirha,
P.S- Kajrain, Dist- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
4 08-01-2026 Learned counsel for the petitioner, at the outset,
prays for permission to file the hard copy of the
supplementary affidavit across the Bar, by which he seeks
to bring on record the correct prosecution story, which was
inadvertently and erroneously typed in paragraph no. 5 of
the main bail application.
2. Permission is accorded and the same is taken on
record.
3. Heard the learned counsel for the petitioner and
learned APP for the State.
4. Petitioner, who is in custody, seeks bail in
connection with Bhaptiyahi P.S. Case No. 204 of 2025
registered for the offence(s) punishable under Section(s)
Patna High Court CR. MISC. No.84501 of 2025(4) dt.08-01-2026
2/4
30(a) of the Bihar Prohibition and Excise Act.
5. As per the prosecution case, on the basis of
secret information that certain persons were smuggling
Nepali illicit liquor, the police intercepted two motorcycles,
however, one of the riders managed to flee, while the other
disclosed his name as Mukesh Kumar (the petitioner). Upon
search, a total of 390 litres of Nepali country-made liquor
was recovered.
6. The learned counsel for the petitioner submits
that the petitioner has been falsely implicated in the present
case and has no concern whatsoever with the recovered
material. It is further submitted that the seized motorcycle
does not belong to the petitioner and that the petitioner was
apprehended merely on suspicion, whereas the actual
culprits managed to escape from the spot. The learned
counsel lastly submits that the petitioner has one criminal
antecedent and he is in custody since 30.09.2025.
7. The petitioner is willing and undertakes to
deposit a sum of Rs. 5,000/- in the account of Lawyers’
Association Welfare Benevolent Fund, bearing Account No.
7801893276, IFSC Code: IDIB000L501, Indian Bank,
Patna High Court CR. MISC. No.84501 of 2025(4) dt.08-01-2026
3/4
LNMI Branch, Bailey Road, Patna.
8. The learned A.P.P. has vehemently opposed the
prayer for bail.
9. Regard being had to the facts and circumstances
of the case, 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 Bhaptiyahi P.S. Case
No. 204 of 2025, subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his
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.
Patna High Court CR. MISC. No.84501 of 2025(4) dt.08-01-2026
4/4
(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.
10. The bail bond of the petitioner shall be
accepted by the learned Trial Court on showing receipt of
deposit of aforesaid amount with the Lawyers’ Association
Welfare Benevolent Fund.
11. Accordingly, the prayer for bail is allowed.
12. 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
Checking your session…