Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner.
Summary
The petitioner, Mukesh Kumar, was arrested on 5 November 2025 after 196.200 litres of liquor were recovered from an auto, and he was charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He contended that he was merely a passenger, had no knowledge of the contraband, and that no incriminating material was found in his possession; he also argued that his arrest was based solely on suspicion and that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, was not complied with. The State opposed bail, insisting on the seriousness of the offence. The Court examined the facts, the lack of direct evidence against the petitioner, his clean record, and the prolonged custody, and concluded that bail was appropriate. Accordingly, the Court ordered his release on bail upon furnishing a bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner in an excise case where the arrest was based on suspicion.
- Whether the arrest complied with the procedural requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
Subjects
- bail
- excise
- suspicion
- Section 103
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88896 of 2025
Arising Out of PS. Case No.-1805 Year-2025 Thana- Excise P.S. District- Muzaffarpur
======================================================
Mukesh Kumar S/o Late Shankar Sahni Resident of Village - Ratanpura, P.S -
Garha, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Ibrahim, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Excise
P.S. Case No. 1805 of 2025, instituted for the offences
punishable under Sections 30(a) and 32(3) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that 196.200 liters
liquor was recovered from auto and the petitioner was arrested
on spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.88896 of 2025(2) dt.19-01-2026
2/2
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submits that the petitioner is neither
owner nor driver of the auto in question rather he is passenger of
that vehicle and has got no knowledge with regard to the nature
of goods loaded in the vehicle. It is next submitted that the
petitioner has been arrested only on the basis of suspicion. The
petitioner is in custody since 05.11.2025 and has got no criminal
antecedent. There is no compliance of Section 103 of the
Bharatiya Nagarik 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 and 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 Excise P.S. Case No.
1805 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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