Patna High Court
Mithlesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure — s. 438(2)
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
2/2
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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