Patna High Court
Mukesh Kumar @ Mukesh Kumar Rai @ Mukesh RoyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court held that bail should be granted to the petitioner subject to the stipulated conditions.
Summary
Mukesh Kumar, who is in custody, applied for bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act where 22.5 litres of illicit liquor were seized from his joint family house. The petitioner claimed innocence, stating he had no connection with the seized liquor, but the prosecution highlighted his prior similar criminal antecedent and his custody since 30‑10‑2025. The petitioner offered to deposit Rs. 2,500 with the Advocate Association and the State opposed bail. The court, considering the circumstances, granted bail on a bond of Rs. 10,000 with two sureties and imposed specific conditions, including presence at trial and verification of antecedents. The order clarified that any observations made would not affect the trial, and the bail bond is to be accepted upon receipt of the deposit.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged offence under the Bihar Prohibition and Excise Act and his prior criminal antecedent.
- Whether the conditions imposed by the court for bail are lawful and appropriate.
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal antecedent
- joint family property
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89484 of 2025
Arising Out of PS. Case No.-422 Year-2025 Thana- BIBHUTIPUR District- Samastipur
======================================================
Mukesh Kumar @ Mukesh Kumar Rai @ Mukesh Roy S/o Dilip Ray R/o
Village- Belsandi Tara, PS- Bibhutipur, Distt- Samstipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhav Kumar, Adv.
For the Opposite Party/s : Mr.Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 07-01-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Bibhutipur P.S. Case No. 422 of 2025
registered for the offence(s) punishable under Section(s) 30(a)
of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 22.5 litres of
illicit liquor was recovered from the house of the petitioner.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. It has further been submitted that the recovery has been
made from the place of occurrence which is joint family
property and the petitioner has no concern with the seized
liquor. It has lastly been submitted that the petitioner has one
Patna High Court CR. MISC. No.89484 of 2025(2) dt.07-01-2026
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criminal antecedent of similar nature and he is in custody since
30.10.2025.
5. The petitioner is willing and undertakes to deposit a
sum of Rs. 2500/- with the Advocate Association, Patna High
Court.
6. The learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
7. 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 30.10.2025, 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 Bibhutipur P.S.
Case No. 422 of 2025, subject to the following terms and
conditions :-
(i) One of the bailors shall be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
Patna High Court CR. MISC. No.89484 of 2025(2) dt.07-01-2026
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violation of the terms of the bail, the bail bond of the petitioner
will liable to be cancelled by the Court concerned.
(iv) If the petitioner, in future, is found to be involved
in similar nature of offence(s), the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
8. The bail bond of the petitioner shall be accepted by
the learned Trial Court on showing receipt of deposit of
aforesaid amount with the Advocate Association, Patna High
Court.
9. Accordingly, the prayer for bail is allowed.
10. It is made clear that the observation, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
Gautam/-
U T
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