Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18358 of 2026 Arising Out of PS. Case No.-26 Year-2026 Thana- NARHATT District- Nawada ====================================================== Mukesh Kumar Son of Karu Chauhan @ Kargul Chauhan Resident of Village- Jhikarua, P.S.- Narhat, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Patel, Advocate For the Opposite Party/s :
Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-03-2026 Heard Mr. Ranjeet Patel, learned counsel for the petitioner and Mr. Gauri Shankar Gupta, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 24.01.2026 in connection with Narhat P.S. Case No. 26 of 2026, F.I.R. dated 22.01.2026 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 180 liters of Mahua liquor.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather altogether 180 liters of Mahua liquor has been recovered from the co-accused,
Patna High Court CR. MISC. No.18358 of 2026(2) dt.24-03-2026 2/3 namely, Deepak Kumar. He further submits that the petitioner was also present at the place of occurrence but fled away from there and Deepak Kumar has disclosed that the person who fled away was the petitioner. He further submits that the petitioner has no concern at all with the alleged recovery of the illicit liquor or the vehicle in question and except the disclosure made by the co-accused person, no other other material has come during investigation which suggest the involvement of the petitioner in the present occurrence. The petitioner is in custody since 24.01.2026.
5 The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries seven criminal antecedents other than the present one but fairly submits that he is on bail in all the pending matters.
6. Considering the aforesaid facts and circumstances, 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 Exclusive Special Excise Court-I, Nawada in connection with Narhat P.S. Case No. 26 of 2026, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.18358 of 2026(2) dt.24-03-2026 3/3 properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the 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.
(Rajesh Kumar Verma, J) Vanisha/- U T