Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3016 of 2026 Arising Out of PS. Case No.-139 Year-2025 Thana- BHAPTIAHI District- Supaul ====================================================== Mukesh Kumar Son of Ashok Mandal Resident of village - Kullipatti, Ward No.- 02, P.S.- Bhaptiyahi, District - Supaul. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhuweneswar Sahu, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bhaptiyahi PS Case No. 139 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 301.5 liters liquor was recovered from car.

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 was not arrested on the spot and his name has

Patna High Court CR. MISC. No.3016 of 2026(2) dt.19-01-2026 2/2 surfaced in this case on the disclosure made by apprehended coaccused person. Petitioner has no concern with the vehicle in question. The petitioner is in custody since 12.11.2025 and has got no criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023. Other co-accused has been granted bail by this Court vide order dated 01.12.2025, passed in Cr. Misc. No. 82001 of 2025.

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, clean antecedent of the petitioner 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 Bhaptiyahi PS Case No. 139 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T