Mukesh Kumar Yadav @ Bhola v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32028 of 2026 Arising Out of PS. Case No.-146 Year-2026 Thana- MIRGANJ District- Gopalganj ====================================================== Mukesh Kumar Yadav @ Bhola, S/o Ramgati Yadav, R/o Village- Siyadi Garh, PS- Siwan Mufasil, Distt- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikash Kumar Shukla, Adv.

For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-05-2026

1. Heard the parties

2. The petitioner seeks regular bail in connection with Mirganj P. S. Case No. 146 of 2026 registered for the offence punishable under Section 317(5) of the BNS and Section 30(a) of Bihar Prohibition and Excise Amendment Act.

3. The main submissions advanced by the petitioner's counsel are that the petitioner is innocent and has been falsely implicated in the present case and the alleged recovery has not been made from conscious possession of the petitioner and further the prosecution itself alleges that the liquor was recovered from sacks kept near motorcycles and the motorcycle in question does not belong to the petitioner and there is no material on record to establish nexus of the petitioner with the alleged seized liquor and he has been languishing in jail since

Patna High Court CR. MISC. No.32028 of 2026(2) dt.12-05-2026 2/2 08.03.2026. Learned counsel further submits that no independent witness of locality has supported the alleged seizure.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. In the facts and circumstances of this case and considering the statements made in the petition as well as above submissions, coupled with the nature of allegation and period of custody, this court is inclined to grant the relief of bail to the petitioner, accordingly, let the petitioner named-above be enlarged on bail in connection with Mirganj P. S. Case No. 146 of 2026 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Rajiv/- U T