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Patna High Court

Mithlesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner under Section 438 of the Code of Criminal Procedure.

Summary

The petitioner, a resident of Gujarat, applied for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with a case (Kalyanpur PS Case No.62 of 2025) alleging offences under sections 30(a) and 41(i) of the Bihar Prohibition & Excise Act for transporting illicit liquor in his motorcycle. The court noted that the petitioner had a clean antecedent, was not caught on the spot, and the alleged contravention involved his vehicle. Considering these facts, the court allowed the anticipatory bail application. The order directed that, if arrested within six weeks, the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount, subject to the conditions of Section 438(2) CrPC. The order was pronounced by Justice Sandeep Kumar of the Patna High Court.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC for alleged offences under sections 30(a) and 41(i) of the Bihar Prohibition & Excise Act
  • Whether the petitioner’s clean antecedent and the fact that he was not caught on the spot justify the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Bihar Prohibition & Excise Act
  • illicit liquor
  • bail bond
  • clean antecedent

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.13003 of 2026
                    Arising Out of PS. Case No.-62 Year-2025 Thana- KALYANPUR District- Samastipur
                 ======================================================
                 Mithlesh Kumar Son of Bunedi Mandal @ Bundeli Mandal Resident of Flat
                 no 82, Radha Krushna Nagar, Bomroli Road, PO -Pandesara, PS -Pandesara
                 District -Surat, Gujarat
                                                                        ... ... Petitioner
                                                Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :         Mr. Abhay Kumar, Advocate
                 For the Opposite Party :         Mr. Anand Kishore Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   24-02-2026                     Heard learned counsel for the parties.

                                   2.       This application for anticipatory bail arises

                   out of Kalyanpur P.S. Case No.62 of 2025 for the offence

                   punishable under sections 30(a), 41(i) of the Bihar Prohibition

                   & Excise Act.

                                   3.       The motorcycle belonging to the petitioner

                   has been caught transporting illicit liquor.

                                   4.       The petitioner is the resident of Gujarat State

                   having clean antecedent and he was not caught on the spot.

                                   5.       Considering       the     aforesaid      facts,     this

                   anticipatory bail application is allowed.

                                   6.       Let the petitioner, above named, in the event

                   of his arrest/surrender within six weeks from today in the Court

                   below, be released on bail on furnishing bail bond of Rs.
              Patna High Court CR. MISC. No.13003 of 2026(2) dt.24-02-2026
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                        10,000/- (Ten Thousand) with two sureties of the like amount

                        each to the satisfaction of the learned Special Judge, Excise, I,

                        Samastipur / concerned Court below, in connection with

                        Kalyanpur P.S. Case No.62 of 2025, subject to the conditions as

                        laid down under Section 438(2) of the Code of Criminal

                        Procedure.


                                                                   (Sandeep Kumar, J)

pawan/-

U         T


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