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Patna High Court

Mithun Kumar @ Mithun Kumar MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner as no incriminating article was found against him and the co‑accused had already been released on bail.

Summary

The petitioner, Mithun Kumar, applied for regular bail in a case registered under the Bihar Prohibition and Excise Act, 2016, alleging that no incriminating article was recovered from his possession. The prosecution alleged that 603.05 litres of spirit were seized from a co-accused, Uday Sah, who admitted involvement in liquor business with the petitioner. The petitioner claimed false implication and had been in custody since 18‑11‑2025. The court noted the absence of any seized material from the petitioner’s house and the earlier bail granted to co‑accused Uday Sah. Considering these facts, the court ordered the petitioner’s bail on a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Judge, Khagaria.

Issues considered

  • Whether regular bail should be granted to the petitioner under the Bihar Prohibition and Excise Act, 2016 when no incriminating article has been recovered from his possession.

Legislation cited

Subjects

  • regular bail
  • Bihar Prohibition and Excise Act
  • false implication
  • seizure of spirit
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10470 of 2026
                      Arising Out of PS. Case No.-152 Year-2025 Thana- MORKAHI District- Khagaria
                 ======================================================
                 Mithun Kumar @ Mithun Kumar Mahto Son of Gorakh Mahto Resident of
                 Village - Bhadash, Ward No. 11, P.S. - Gangour, District - Khagaria.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amar Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   17-02-2026                  Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Morkahi P.S. Case no.

                   152 of 2025 registered under sections 30(a), 30(d), 33, 34(a) and

                   36 of the Bihar Prohibition and Excise Act, 2016.

                                3. As per the prosecution case, 603.05 litres of spirit

                   was recovered from the house of co-accused Uday Sah who on

                   enquiry disclosed that he was involved in the business of liquor

                   along with the petitioner and others.

                                4. Learned counsel for the petitioner submits that from the

                   contents of the FIR itself, it would transpire that no incriminating

                   article has been recovered from the petitioner’s possession or his

                   house. He has been falsely implicated in the case. He is in custody

                   since 18.11.2025 and the cause of false implication is his
           Patna High Court CR. MISC. No.10470 of 2026(2) dt.17-02-2026
                                                       2/2




                     antecedents. Uday Sah has been enlarged on bail vide order dated

                     10.2.2026 passed in Cr. Misc. no. 8153 of 2026.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  6. Having heard learned counsel for the parties and

                     taking into consideration the allegations in the FIR, no

                     incriminating article having been recovered from the petitioner’s

                     possession or his house and grant of bail to co-accused Uday

                     Sah vide aforesaid order dated 10.2.2026, the Court directs the

                     petitioner to be enlarged on bail in connection with Morkahi P.S.

                     Case no. 152 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees

                     Ten Thousand) with two sureties of the like amount each to the

                     satisfaction of the learned Exclusive Special Judge 1st, Khagaria.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T


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