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Patna High Court

Mithlesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court provisionally granted anticipatory bail to the petitioner, subject to a bail bond, sureties, and verification of his criminal antecedent.

Summary

The petitioner, Mithlesh Kumar, was implicated in a case (PS Case No. 271 of 2022) for alleged conspiracy under Section 120B of the IPC and for offences under Sections 30(a) and 32(2) of the Bihar Prohibition and Excise (Amendment) Act, 2018, involving the seizure of 1,604.475 litres of liquor from a truck. He contended that he had no prior criminal record, was not the owner of the vehicle, and was linked to the case only because a mobile number in the name of Afsana Khatoon was allegedly used by him. The State opposed his application for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of a bail bond of Rs.500 with two sureties, subject to verification of his antecedent. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed immediately. The decision was based on the provisions of Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail can be granted in a case involving alleged conspiracy under Section 120B IPC and liquor offences under the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s lack of ownership of the seized vehicle and alleged clean antecedent justify the grant of anticipatory bail.
  • Whether verification of the petitioner’s criminal antecedent can affect the confirmation of the provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal conspiracy
  • liquor seizure
  • clean antecedent
  • Section 120B IPC
  • Bihar Prohibition Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12034 of 2026
                 Arising Out of PS. Case No.-271 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai
                 ======================================================
                 Mithlesh Kumar S/o Rudal Ray R/o Village- Harpur, P.S- Pusa, Dist-
                 Samastipur.
                                                                     ... ... Petitioner/s
                                             Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rambabu Yadav, Advocate
                 For the Opposite Party/s :      Ms. Meena Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-04-2026                  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 offences punishable under Section 120(B) of

                   the Indian Penal Code as well as Sections 30(a) and 32(2) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 1604.475 litres of liquor from a truck.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of the seized vehicle and came to

                   be implicated based on the fact that mobile number 7808352756

                   in the name of Afsana Khatoon was being used by him. It is next
Patna High Court CR. MISC. No.12034 of 2026(2) dt.15-04-2026
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          submitted that petitioner based on the suspicion came to be

          implicated when the mobile number does not belong to him and

          is a person with clean antecedent.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel appearing on behalf of the petitioner, let the petitioner,

          above-named, in the event of his arrest or surrender within a

          period of six weeks from today, be released on provisional

          anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees

          Five Hundred) 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 Town P.S. Case No.

          271 of 2022, subject to the conditions as laid down under

          Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of even one case,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail

          application in that event the provisional anticipatory bail order

          shall not be confirmed but if it is found on verification that
           Patna High Court CR. MISC. No.12034 of 2026(2) dt.15-04-2026
                                                       3/3




                     petitioner is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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