Patna High Court
Mithilesh Kumar @ Mithilesh Kumar Ray @ LangariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to bond, sureties, and verification of antecedents under Section 482(2) of the CrPC.
Summary
The petitioner, Mithilesh Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging recovery of 32.250 litres of liquor from his under‑construction house. He contended that the liquor was concealed by a hostile villager, that no liquor was found in his possession, and that the police were mechanically implicating him despite a lack of proper investigation. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.55,000 with two sureties and that the trial court verify his criminal antecedents. If more than eleven prior cases are found, the bail will not be confirmed; if exactly eleven are found, the bail will be confirmed. The order was made under Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the petitioner’s prior criminal antecedents under the Excise Act affect the grant of anticipatory bail.
- Whether the evidence of liquor recovery justifies arrest.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- criminal antecedents
- Section 30
- Section 482
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10949 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- Excise P.S. District- Madhubani
======================================================
Mithilesh Kumar @ Mithilesh Kumar Ray @ Langari Son of Kishore Rai
Resident of Village- Mirjapur Rajnagar, Ward No 13, PS- Rajnagar, Distt
-Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ratnakar Jha
For the Opposite Party/s : Mr. Suresh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-02-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of eleven cases under the Excise Act
and allegation is of recovery of 32.250 litres of liquor from
under constructed house of the petitioner. It is next submitted
that petitioner was not arrested from the spot as such nothing
was recovered from his conscious possession. It is also
submitted that the house is under construction as such no one
was staying in the house but then the house was accessible to
Patna High Court CR. MISC. No.10949 of 2026(2) dt.24-02-2026
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villager at large and it appears that someone inimical to the
family concealed meager amount of liquor with an intent to
implicate the entire family members. It is also submitted that no
prudent person would use his own premises for committing an
occurrence and thus would create evidence against himself and
hence would get implicated. It is also submitted that once an
accused is implicated in a case relating to excise, the police
starts implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.55,000/- (Rupees fifty 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
Sadar Excise P.S. Case No.02/2026, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S.
Patna High Court CR. MISC. No.10949 of 2026(2) dt.24-02-2026
3/3
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than 11
cases, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of 11
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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