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Patna High Court

Mithlesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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