Patna High Court
Mithun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court held that anticipatory bail is to be granted to the petitioner, subject to the conditions stipulated under Section 438(2) CrPC and Section 482(2) B.N.S.S.
Summary
The petitioner, Mithun Kumar, feared arrest in a case (Sangrampur P.S. Case No.175 of 2025) alleging violation of Sections 30(a) and 32 of the Bihar Prohibition and Excise Amendment Act, 2022 for transporting 16.8 litres of country‑made liquor recovered from co‑accused Ankaj Kumar. He contended that he was falsely implicated because of personal enmity with the co‑accused, that he did not own the motorcycle used, and that no liquor was found in his conscious possession, although he has a prior criminal record. The State opposed the grant of anticipatory bail. The High Court, applying Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S., allowed the petition for anticipatory bail, imposing conditions such as a close relative as bailor, mandatory court attendance, and provisions for cancellation if the petitioner commits a similar offence or conceals his antecedent. The order clarified that any observations made therein would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the allegations under the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether the petitioner’s prior criminal antecedent and alleged involvement in the liquor transport preclude the grant of anticipatory bail.
- Whether the court may impose conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S. for the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Amendment Act
- Section 438 CrPC
- Section 482 B.N.S.S.
- liquor trafficking
- false implication
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11050 of 2026
Arising Out of PS. Case No.-175 Year-2025 Thana- SANGRAMPUR District- Munger
======================================================
Mithun Kumar S/o Ganesh Yadav R/o Vill- Maheshpur, P.S.- Sangrampur,
Distt- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Surya Narayan Sah, Advocate
For the Opposite Party/s : Ms. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Sangrampur P.S. Case No. 175 of 2025 registered for the
offences under Sections 30(a) and 32 of the Bihar Prohibition
and Excise Amendment Act, 2022.
3. As per the prosecution story, the allegation against
the petitioner is that he was involved in the transportation of
16.8 liters of country made liquor which was recovered from the
possession of the co-accused, namely, Ankaj Kumar.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in the present case at the
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behest of the apprehended co-accused person, namely, Ankaj
Kumar, who allegedly disclosed that the liquor belonged to the
petitioner. It is further submitted that the petitioner has falsely
been implicated merely because he was not on good terms with
the apprehended person. It has next been submitted that the
petitioner is not the owner of the motorcycle and no recovery
has been made from his conscious possession. It has lastly been
submitted that the petitioner carries one criminal antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and
circumstances of the case, let the petitioner above named be
released on anticipatory bail, in the event of arrest or surrender
before the learned Court below within a period of four weeks
from today, on furnishing bail bonds of Rs.10,000/-(ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor court in connection with Sangrampur P.S.
Case No. 175 of 2025 subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure read
with corresponding Section 482(2) of B.N.S.S. as well as
subject to the following conditions:-
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(i) One of the bailors of the petitioner shall be his
close relative.
(ii) The petitioner shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or
in violation of the terms of the bail, the bail bond of
the petitioner will be liable to be cancelled by the
Court concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be
at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has
concealed his criminal antecedent, the court below
shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be
delayed for purpose of or in the name of
verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
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8. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U
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