Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
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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.
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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
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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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