Patna High Court

Mukesh Kumar SahversusThe State of Bihar

Decided: 12 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner subject to bond and surety conditions.

Summary

Mukesh Kumar Sah was arrested as the driver of a pick‑up vehicle from which 1,575 litres of liquor were seized, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating he was not the owner of the vehicle, had no knowledge of the contraband, and that no incriminating material was found in his possession; he also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the petitioner’s lack of prior criminal record, the short period of custody, and the circumstances of the case, the Court inclined to grant bail. The Court ordered release on bail after framing of charge, with a bond of Rs. 15,000 and two sureties, imposing conditions regarding family surety and regular appearance. The bail may be cancelled if the petitioner defaults on two consecutive appearances.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the provisions of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, have been complied with.
Whether the accused’s role as driver without ownership or knowledge of the contraband negates the necessity for continued detention.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
criminal procedure
Section 103
driver liability
liquor seizure
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90283 of 2025
                     Arising Out of PS. Case No.-529 Year-2025 Thana- MADHUBANI TOWN District-
                                                       Madhubani
                 ======================================================
                 Mukesh Kumar Sah Son of Rajendra Sah Resident of Village- Padama, Ward
                 No. 7, P.S.- Ladaniya, District- Madhubani
                                                                         ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Subhash Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr. Kanhiya Kishor, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Madhubani Town P.S. Case No. 529 of 2025, instituted for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. The prosecution case, in short, is that 1575 liters

                   liquor was recovered from pick-up vehicle 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

                   no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.90283 of 2025(2) dt.12-01-2026
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          for the petitioner also submits that the petitioner is not the

          owner of the vehicle in question rather he is driver of that

          vehicle and has got no knowledge with regard to the nature of

          goods loaded in the vehicle. The petitioner is in custody since

          28.11.2025 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 after framing

          of charge, if not already framed, 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 Madhubani Town P.S. Case No. 529 of

          2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
             Patna High Court CR. MISC. No.90283 of 2025(2) dt.12-01-2026
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                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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