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Patna High Court

Mithilesh Yadav @ Mithilesh Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted as the recovery was not made from the petitioner’s conscious physical possession, in accordance with Section 482(2) of the BNSS.

Summary

The petitioner, Mithilesh Yadav, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for alleged illegal manufacturing of illicit liquor, with 12.690 litres recovered from a hut in front of his house. He contended that the liquor was not in his conscious physical possession and that he had no connection with the hut. The prosecution highlighted a prior similar case against him, for which he was on bail, and opposed his bail application. The court examined whether the recovery constituted sufficient grounds to deny bail, noting the lack of direct possession by the petitioner. Considering the prima facie nature of the evidence and the principle of bail, the court granted bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether the recovery of illicit liquor from a hut in front of the petitioner’s house establishes sufficient grounds to deny bail.
  • Whether the petitioner’s lack of conscious physical possession of the liquor warrants the grant of bail.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • possession
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • Section 482(2)
  • criminal antecedent
  • excise law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19078 of 2026
                       Arising Out of PS. Case No.-207 Year-2025 Thana- RASULPUR District- Saran
                 ======================================================
                 Mithilesh Yadav @ Mithilesh Kumar Yadav, Son of Late Madan Yadav, R/o
                 Village - Asahani, P.S. - Rasulpur, Dist. - Saran at Chapra. ... ... Petitioner/s
                                                      Versus
                 The State of Bihar.                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Nalin Kumar, Advocate
                 For the Opposite Party/s :       Mr.Ramesh Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   31-03-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned Additional Public Prosecutor appearing on

                   behalf of the State.

                                 2. The accused/petitioner apprehending his arrest in

                   connection with Rasulpur P.S. Case No. 207 of 2025 registered

                   for the offences punishable under Section 30(a)                   of the Bihar

                   Prohibition and Excise Act, 2022.

                                3. The allegation against the petitioner is to be

                   engaged in illegal trading/manufacturing of illicit liquor, where,

                   there is recovery of 12.690 litres of IMFL/country made liquor

                   from in front of the house.

                                4. It is submitted by learned counsel that recovery of

                   alleged illicit liquor was made from a hut situated infront of the

                   house of the petitioner and for said reason he was implicated with

                   present case. It is submitted that petitioner is not connected in

                   any manner with said hut. It is pointed out that recovery as
              Patna High Court CR. MISC. No.19078 of 2026(2) dt.31-03-2026
                                                          2/2




                        alleged was not made from the conscious physical possession of

                        this petitioner.

                                     5. Explaining criminal antecedent, it is pointed out that

                        petitioner found involved in one more criminal case of similar

                        nature, where he is on bail.

                                     6. Learned APP opposed the prayer of bail.

                                     7. Considering the aforesaid facts and circumstances

                        and by taking note of fact as prima facie recovery of illicit liquor

                        not appears to be made from the conscious physical possession of

                        this petitioner, accordingly, above named petitioner, in the event

                        of his arrest or surrender before the learned trial Court, within a

                        period of four weeks of the order, is directed to be released on

                        bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

                        with two sureties of the like amount each to the satisfaction of

                        the learned 2nd Exclusive Spl. Judge Excise Judge, Saran at

                        Chapra/concerned Court, where the case is pending in connection

                        with Rasulpur P.S. Case No.               207 of 2025, subject to the

                        conditions as laid down under Section 482(2) of the BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T


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