Mikku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10816 of 2026 Arising Out of PS. Case No.-6 Year-2026 Thana- FCI District- Begusarai ====================================================== Mikku S/o Ram Shankar Singh R/o vill - Machaha, P.S.- Muffasil, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aditya Kumar, Advocate For the Opposite Party/s :

Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 17-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with FCI P.S. Case No. 06 of 2026 registered for the alleged offences under Sections 292 and 61(2) of Bharatiya Nyaya Sanhita, 2023 and Section 30(a), 32 and 41(i) & (ii) of the Bihar Prohibition & Excise Act, 2016.

03. As per prosecution case, an information was received about transportation of foreign liquor in two vehicles. The vehicles were signaled to stop but they tried to flee away. The petitioner and other co-accused persons were apprehended and from search of the vehicles, recovery of 179.25 liters of India made foreign liquor was made.

04. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.10816 of 2026(2) dt.17-02-2026 2/3 petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no knowledge about illegal trade of liquor and this fact is clear from the FIR as recovery has been shown from the two vehicles but the petitioner is neither the owner nor the driver of any of the vehicles seized by the police and he was merely a copassenger who was present there. Learned counsel further submits that the petitioner is having antecedent of two cases and he is on bail in both the cases. The petitioner is in custody since 10.01.2026.

05. Learned APP for the State opposes the submission made on behalf of the petitioner

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the vague nature of allegation against the petitioner and also considering the period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-I, Begusarai/court concerned in connection with FCI P.S. Case No. 06 of 2026, subject to the conditions

Patna High Court CR. MISC. No.10816 of 2026(2) dt.17-02-2026 3/3 mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three 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.

(Arun Kumar Jha, J) Ashish/- U T