Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24066 of 2026 Arising Out of PS. Case No.-370 Year-2021 Thana- BIBHUTIPUR District- Samastipur ====================================================== Mukesh Kumar S/o Ganga Prasad Mahto R/o Village- Rampurghat Ward No.- 12, PS- Cheriya Bariyarpur, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Narayan Roy, Advocate For the Opposite Party/s :

Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-04-2026

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 30(a), 32(2), 32(3), 36 and 41(1), (2) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case, as would manifest from the supplementary affidavit and allegation is of recovery of 4518 liters of liquor from a truck and three different motorcycles were seized.

4. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of one of the seized motorcycles. It is next submitted that no prudent person

Patna High Court CR. MISC. No.24066 of 2026(2) dt.18-04-2026 2/2 would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated, it is also submitted that petitioner was completely unaware that Anil would misuse the vehicle in the manner as alleged who was also apprehended from the spot along with Krishna and Santosh. It is also submitted that petitioner is in custody since 15.01.2026 and if privilege of bail is granted, the petitioner will not abscond rather will cooperate in the trial to prove his innocence.

5. Learned A.P.P. for the State opposes the bail application of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs. 5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor court in connection with Bibhutipur P.S. Case No. 370 of 2021.

(Satyavrat Verma, J) Rishabh/- U T