Patna High Court
Mithlesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
Bail was granted to the petitioner subject to a Rs.10,000 bond, two sureties, and verification of his criminal antecedents under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Mithlesh Yadav, sought bail in a case (Lakhisarai PS Case No. 839 of 2022) where he was accused of offences under IPC sections 401, 414, 379 and 34, alleged to have been implicated through statements of two arrested persons during a police raid on illegal liquor. The petitioner argued that no material was recovered from him, the seizure list lacked signatures of any family members, and that the police were attempting to falsely implicate him for extortion. The State opposed the bail, emphasizing the seriousness of the alleged offences. The Court noted the deficiencies in the seizure procedure, the absence of the petitioner at the time of seizure, and the joint‑family nature of the property, and ordered bail on condition of a Rs.10,000 bond with two sureties and verification of his criminal antecedents. The bail was conditioned on compliance with Section 482(2) of the B.N.S.S. and the Court directed that verification should not delay the release.
Issues considered
- Whether bail should be granted to the petitioner despite accusations under IPC sections 401, 414, 379 and 34.
- Whether the lack of signatures on the seizure list and the joint‑family nature of the property affect the bail decision.
- Whether the court may impose a condition to verify the petitioner’s criminal antecedents before finalizing bail.
Legislation cited
- B.N.S.S. — s. 482
- Indian Penal Code — s. 34, 379, 401, 414
Subjects
- bail
- IPC sections 401, 414, 379, 34
- illegal liquor raid
- seizure list
- joint family property
- criminal antecedent verification
- Section 482(2) B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14373 of 2026
Arising Out of PS. Case No.-839 Year-2022 Thana- LAKHISARAI District- Lakhisarai
======================================================
Mithlesh Yadav S/o Indradev Yadav Resident of Village- Dadhisir
Bannubagicha, P.S.- Kiul, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. S.K. Lal, Sr. Advocate
: Mr. Umesh Prasad, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
3 01-04-2026 Heard the learned senior counsel for the petitioner
and the learned APP for the State.
2. The petitioner is apprehending his arrest in
connection with Lakhisarai P.S. Case No. 839 of 2022, for
allegedly having committed offence under Sections 401, 414,
379 and 34 of the IPC.
3. As per the prosecution case, the informant along
with Police associates proceeded from Lakhisarai police station
for conducting raid against illegal liquor on the basis of secret
information and noticed that two persons started fleeing away,
but with the help of Police party, both the persons were arrested.
On the statement made by the arrested persons, the name of the
petitioner and other accused person transpired.
Patna High Court CR. MISC. No.14373 of 2026(3) dt.01-04-2026
2/3
4. The learned senior counsel for the petitioner
submits that the name of the petitioner has come on the
statement made by the arrested persons and nothing has been
recovered from the petitioner, rather one motorcycle is said to
have been recovered from the house of the petitioner, which is a
joint family house, however no signature of any family member
is there on the seizure list, which has been prepared by the
Police. The Police, only with a view to falsely implicate the
petitioner and to extort money, has made the petitioner an
accused in the present case. The petitioner has got no criminal
antecedent.
5. The learned APP for the State vehemently
opposes the prayer for bail of the petitioner.
6. Having heard the learned counsel for the parties
and after going through the records, it appears that the name of
the petitioner was taken by the two accused persons, who were
arrested by the Police from the place of occurrence and on the
statement made by the said arrested persons, one motorcycle is
said to have been recovered from the house of the petitioner,
however the petitioner was not present at that time and no
signature of any family members of the petitioner was obtained
on the seizure list. The house in which the petitioner resides is a
Patna High Court CR. MISC. No.14373 of 2026(3) dt.01-04-2026
3/3
joint family property. Considering the facts and circumstances
of the case, let the petitioner, above named, in the event of arrest
or surrender within a period of six weeks, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
J.M. 1st Class, Lakhisarai in connection with Lakhisarai P.S.
Case No. 839 of 2022, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S., with further condition:
(1) The learned Court concerned shall verify the
criminal antecedent of the petitioner and in case at any stage, it
is found that the petitioner has concealed his criminal
antecedents, the court concerned shall take steps for cancellation
of bail bond of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
(Ritesh Kumar, J)
AjayMishra/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.