Patna High Court
Mukesh Kumar @ Ravis KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that despite the seriousness of the offence and prior antecedents, bail could be granted as there was no direct incriminating material against the petitioner.
Summary
The petitioner, Mukesh Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 95 litres of liquor were recovered from a motorcycle. He contended that he was falsely implicated, had no ownership of the motorcycle, and no incriminating material was found in his possession. The State opposed bail, citing the seriousness of the offence and the petitioner’s two prior criminal antecedents. The court noted that Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023, had not been complied with, but considered the lack of direct evidence against the petitioner. Balancing the circumstances, the court decided to grant bail, directing the petitioner to furnish a bail bond of Rs.15,000 with two sureties of equal amount. The bail order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance with Section 103 of the BNSS, 2023, precludes the grant of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 103
- antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91027 of 2025
Arising Out of PS. Case No.-305 Year-2025 Thana- ATHMALGOLA District- Patna
======================================================
Mukesh Kumar @ Ravis Kumar S/O Late Suraj Rai R/O Dachhini Chak, P.S-
Athmalgola, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Bihari Singh, Advocate
For the Opposite Party/s : Mr. Akbar Ali, 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
Athmalgola PS Case No. 305 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 95 liters
liquor was recovered from motorcycle.
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. It is submitted
that petitioner is not the owner of the motorcycle and he has no
Patna High Court CR. MISC. No.91027 of 2025(2) dt.19-01-2026
2/2
concern with the same. The petitioner is in custody since
03.11.2025 and has got two criminal antecedent/s. There is no
compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Athmalgola PS Case
No. 305 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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