Patna High Court
Mithlesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Mithlesh Kumar was arrested in connection with an Excise case (No. 894 of 2025) for alleged possession of 10 litres of country-made liquor, alleged offences under Sections 30(a) and 44 of the Bihar Prohibition and Excise Act. The petitioner contended that he was merely a pillion rider on the motorcycle, had no knowledge of the illicit liquor, and that no incriminating material was found in his possession. He also pointed out that the prosecution had not complied with Section 103 of the BNSS, 2023, and that he had two prior criminal antecedents. The State opposed bail. Considering the circumstances, the Court found no sufficient ground to keep the petitioner in custody and ordered his release on bail with a bond of Rs.15,000 and two sureties. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 44 of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s alleged role as a pillion rider and lack of incriminating material justify bail.
- Whether non‑compliance with Section 103 of the BNSS, 2023 affects the bail decision.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- excise
- liquor seizure
- Section 30(a)
- Section 44
- Bihar Prohibition and Excise Act
- Section 103
- criminal antecedents
- pillion rider
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1426 of 2026
Arising Out of PS. Case No.-894 Year-2025 Thana- Excise P.S. District- Nawada
======================================================
Mithlesh Kumar S/o- Ramji Prasad @ Ram Ji Village- Purani Hardiya PS-
Rajauli, Dist- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma, Adv.
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Excise PS
Case No. 894 of 2025 instituted for the offences under Sections
30(a) and 44 of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 10 liters of
country made liquor was recovered from the motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner submits that the petitioner was the pillion rider
Patna High Court CR. MISC. No.1426 of 2026(2) dt.19-01-2026
2/2
on the motorcycle and was unaware of the illicit liquor. The
petitioner is in custody since 03.11.2025 and has got two
criminal antecedents. There is no compliance of Section 103 of
the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioner,
this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail
bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Excise PS Case No. 894 of 2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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