Patna High Court
Mithun KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bail bond conditions and verification of his criminal antecedents.
Summary
The petitioner, Mithun Kumar, sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018, alleging recovery of 162 litres of liquor from a vehicle he did not own. He argued that the police had implicated him based on secret information without proper investigation and that no liquor was found in his possession. The State opposed the bail, contending that the allegations warranted detention. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and subject to verification of the petitioner’s criminal antecedents. It further directed that if the petitioner is found to have more than two prior cases, the bail would not be confirmed, whereas confirmation would follow if only two antecedent cases are verified.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are applicable.
Legislation cited
- B.N.S.S. Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- criminal antecedent
- bail conditions
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19543 of 2026
Arising Out of PS. Case No.-56 Year-2026 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
Mithun Kumar S/O Ganga Ray Resident of Village- Adarsh Nagar Gali No.-
4D Mohanpur, P.S.- Muffasil Dist.- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satish Kumar Sinha
For the Opposite Party/s : Mr. Humayou Ahmad Khan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 26-03-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Amendment Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 162 litres of liquor from a Maruti
Suzuki vehicle. It is next submitted that petitioner was not
arrested from the spot as such nothing was recovered from his
conscious possession and is not the owner of the seized vehicle
and he came to be implicated at the instance of local spy i.e. on
secret information which is the easiest way to implicate
Patna High Court CR. MISC. No.19543 of 2026(2) dt.26-03-2026
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someone. It is also submitted that once an accused is implicated
in a case relating to excise, the police starts implicating
mechanically either through chowkidar, local person,
confessional statement or secret information without holding a
proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with
two sureties of the like amount each to the satisfaction of the
learned trial court where the case is pending/successor court in
connection with Muffasil P.S. Case No.56/2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
two cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
Patna High Court CR. MISC. No.19543 of 2026(2) dt.26-03-2026
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on verification it is found that petitioner has antecedent of two
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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