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Patna High Court

Mukesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to stringent conditions.

Summary

Mukesh Kumar, a driver of a tractor, was arrested in connection with the recovery of 666 litres of foreign liquor concealed under stone‑chips, alleged to be offences under Sections 30(a) and 32(i)(ii) of the Bihar Prohibition and Excise Act. The petitioner, who has four prior criminal convictions and has been in custody since 28 September 2025, applied for bail, contending that he had no knowledge of the liquor and was merely the driver. The State opposed the bail, emphasizing the seriousness of the contraband and the petitioner’s antecedents. The Court considered the facts, the length of custody, and the petitioner’s willingness to furnish a bail bond and sureties. It granted bail on a bond of Rs 10,000 with two sureties, imposing conditions such as personal appearance at each trial date, reporting to the Superintendent of Police, and possible cancellation for future offences. The order also directed that the bail bond be accepted upon receipt of the deposit with the Advocate Association of the Patna High Court.

Issues considered

  • What is the appropriate exercise of discretion by the court in granting bail to a person accused under the Bihar Prohibition and Excise Act, considering the nature of the offence and the petitioner’s prior criminal antecedents?

Subjects

  • bail
  • prohibition law
  • excise
  • foreign liquor
  • criminal antecedent
  • driver
  • possession
  • court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89839 of 2025
                        Arising Out of PS. Case No.-200 Year-2025 Thana- Lakho District- Begusarai
                 ======================================================
                 Mukesh Kumar S/o Ramanand Yadav R/o Village - Bharrahi (Naya Bazar
                 Ward No. 2, Nagar Parishad), P.S - Saharsa, District - Saharsa
                                                                                ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dhirendra Kumar, Advocate
                 For the Opposite Party/s :        Mrs. Pronoti Singh, 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 Lakho P.S. Case No. 200 of 2025 registered

                   for the offence(s) punishable under Section(s) 30(a) and

                   32(i)(ii) of the Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, a total of 666 litres

                   of foreign liquor was recovered from the carrier of a tractor,

                   which was found concealed under stone-chips.

                                4. The learned counsel for the petitioner submits

                   that the petitioner was merely the driver of the tractor and

                   had no concern whatsoever with the recovered liquor. It is

                   further submitted that no incriminating article was

                   recovered from the conscious possession of the petitioner

                   and that he was merely apprehended because he happens to
Patna High Court CR. MISC. No.89839 of 2025(2) dt.07-01-2026
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          be the driver of the tractor. The learned counsel lastly

          submits that the petitioner has four criminal antecedents and

          he is in custody since 28.09.2025.

                       5. The petitioner is willing and undertakes to

          deposit a sum of Rs. 5,000/- with the Advocate Association,

          Patna High Court.

                       6. The learned A.P.P. has vehemently opposed the

          prayer for bail.

                       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 28.09.2025, 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

          Lakho P.S. Case No. 200 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.
Patna High Court CR. MISC. No.89839 of 2025(2) dt.07-01-2026
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                       (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.

                       (vi) In view of the antecedents of the petitioner,

          the     petitioner       is    directed       to     appear   before   the

          Superintendent of Police, Begusarai within fifteen days of

          his release with a copy of this order and every two weeks

          thereafter for the next nine months. The conduct of the

          petitioner will be kept under watch in this period by the

          Superintendent of Police concerned and if it is found

          wanting in any respect, a report shall be made to the court
               Patna High Court CR. MISC. No.89839 of 2025(2) dt.07-01-2026
                                                           4/4




                         concerned by him to initiate a proceeding for cancellation

                         of bail for reasons of misuse of bail. After reporting to the

                         Superintendent of Police, a certificate will be filed by the

                         petitioner before the court concerned.

                                      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)
aditya/-

U          T


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