Patna High Court
Mithun Kumar MishraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail for the petitioner, subject to bond, sureties, and verification of antecedents.
Summary
Mithun Kumar Mishra, the owner of a motorcycle from which 25 litres of liquor were recovered, sought anticipatory bail fearing arrest under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He argued that he had a clean antecedent, was not in possession of the liquor, and was unaware that another person, Vivek, misused his vehicle. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 and two sureties, invoking Section 482(2) of the B.N.S.S., and directed the trial court to verify the petitioner’s antecedents before confirming the bail. If any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed immediately. The order is conditional and provisional pending verification.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s lack of possession and clean antecedent justify bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- clean antecedent
- vehicle ownership
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12379 of 2026
Arising Out of PS. Case No.-1159 Year-2025 Thana- Excise P.S. District- Aurangabad
======================================================
Mithun Kumar Mishra S/o Kalachand Mistara R/o Vill- 96 C Mishra Sai
Jainamod, P.S.- Jasidih, Distt- Bokaro (Jharkhand)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bindeshwar Prasad Singh
For the Opposite Party/s : Mr. Rajesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-03-2026 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 Sections 30(a) and
32(3) of Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 25 litres of liquor from a motorcycle. It is next
submitted that petitioner was not arrested from the spot as such
nothing was recovered from his conscious possession and he
came to be implicated based on the fact that he is owner of the
seized vehicle. It is next submitted that no prudent person would
use his own vehicle for committing an occurrence and thus
Patna High Court CR. MISC. No.12379 of 2026(2) dt.09-03-2026
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would create evidence against himself and hence would get
implicated. It is thus submitted that the petitioner was
completely unaware that Vivek would misuse his vehicle in the
manner as alleged, who was also apprehended from the spot
along with Nitish.
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 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 Excise P.S. Case No.1159/2025, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
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 even one
case, 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
Patna High Court CR. MISC. No.12379 of 2026(2) dt.09-03-2026
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on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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