Patna High Court
Mithilesh Yadav @ Mithilesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- BNSS — s. 482(2)
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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