Babu @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40179 of 2026 Arising Out of PS. Case No.-160 Year-2026 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Babu @ Mukesh Kumar S/o Sarju Prasad @ Saryu Prasad Gupta R/o Mohalla Shahpur Akhada, P.S.- Town, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, lAdvocate For the Opposite Party/s :

Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 30-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution, in short is that 57 liters and 27 liters of illicit liquor were recovered from two places from different persons. The apprehended persons disclosed that the petitioner has delivered them the illicit liquor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of this petitioner. It has further

Patna High Court CR. MISC. No.40179 of 2026(2) dt.30-06-2026 2/3 been submitted that the witnesses of the seizure list are police personnel. Police has not complied Section 105 of the B.N.S.S. while making the seizure. The name of this petitioner has surfaced in the statement of the apprehended co-accused persons. He has been framed in this case only on the basis of his criminal antecedents. He is languishing in judicial custody since 20.04.2026.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail and has submitted that petitioner is having criminal antecedent of 14 cases out of which 13 are of similar nature.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Aurangabad Town P.S. Case No. 160 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-cum-Exlcusive Special Judge, Excise Court No.I, Aurangabad with the following conditions:- (i) The petitioner shall cooperate in the trial and shall remain physically present on each and every fixed date

Patna High Court CR. MISC. No.40179 of 2026(2) dt.30-06-2026 3/3 in the learned trial court.

(ii) He shall also mark his attendance weekly at Town P.S.

7. Office is directed to communicate this order to the Superintendent of Police, Aurangabad.

(Ashok Kumar Pandey, J) lata/- U T