Patna High Court
Mithilesh Kumar @ Mithilesh ChoupalversusThe state of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.
Summary
Mithilesh Kumar, the petitioner, feared arrest in a case registered under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act for the alleged recovery of 36 litres of liquor from a motorcycle he owned. He argued that he had a clean antecedent, was not in possession of the liquor, and was implicated only because he owned the vehicle, which his friend allegedly misused and fled the scene. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and conditioned the order on verification of the petitioner’s criminal antecedent by the trial court. If any antecedent is discovered, the provisional bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Sections 274, 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act.
- Whether the ownership of the vehicle used in the alleged offence is sufficient grounds for arrest and denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 482(2)
Subjects
- anticipatory bail
- liquor seizure
- vehicle ownership
- clean antecedent
- Bihar Narcotic Substances Act
- Bihar Excise Act
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21529 of 2026
Arising Out of PS. Case No.-142 Year-2025 Thana- SAHARGHAT District- Madhubani
======================================================
Mithilesh Kumar @ Mithilesh Choupal S/O Mirgandra Mandal R/O Vill-
Chautala,Balwa,Sahar P.S-Saharghat Distt-Madhubani
... ... Petitioner/s
Versus
The state of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Kumari Pallavi
For the Opposite Party/s : Mr.Shyameshwar Dayal
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-04-2026 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 offences punishable under Sections 274 and
275 of BNS and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 36 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.21529 of 2026(2) dt.01-04-2026
2/3
create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that his friend would misuse the vehicle in the manner as
alleged, who also fled from the spot.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. 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. 500/- (Rupees Five Hundred) 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 Saharghat P.S. Case No. 142 of 2025, subject to
the conditions as laid down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of even one case
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner is a
person with clean antecedent in that event the provisional
Patna High Court CR. MISC. No.21529 of 2026(2) dt.01-04-2026
3/3
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…