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Patna High Court

Mithu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner, directing release upon furnishing a bail bond with two sureties.

Summary

Mithu Kumar was arrested in Bairgania in connection with a case under section 30(a) of the Bihar Prohibition and Excise Act after 720 litres of country-made liquor were seized from an open place. The petitioner contended that he had no possession of the liquor, that the seizure list was not prepared in accordance with Section 105 of the BNSS, and that he had no prior criminal record, having been in judicial custody since 14‑02‑2026. The State opposed the bail application. After hearing both sides, the Patna High Court found merit in the petitioner's arguments, noted procedural lapses, and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Excise Court‑I, Sitamarhi.

Issues considered

  • Whether the petitioner is entitled to regular bail under section 30(a) of the Bihar Prohibition and Excise Act despite the seizure of liquor.
  • Whether non‑compliance with Section 105 of the BNSS in preparing the seizure list warrants bail.
  • Whether the petitioner’s lack of criminal antecedents and custody since 14‑02‑2026 affect the bail decision.

Legislation cited

Subjects

  • regular bail
  • Bihar Prohibition and Excise Act
  • section 30(a)
  • seizure procedure
  • Section 105 BNSS
  • criminal antecedent
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23039 of 2026
                     Arising Out of PS. Case No.-48 Year-2026 Thana- BARGAINIA District- Sitamarhi
                 ======================================================
                 Mithu Kumar Son of Vishwanath Ray Resident of Village- Masaha Alam,
                 P.S.- Bairgania, District- Sitamrhi

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Surendra Kishore Thakur, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   08-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. The case of the prosecution is that from an open

                   place, altogether 720 liters of country made liquor was

                   recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that nothing has been

                   recovered from the possession of the petitioner. Learned counsel

                   has submitted that as he was present there, he was apprehended

                   by police. The witnesses of the seizure list are police personnel
            Patna High Court CR. MISC. No.23039 of 2026(2) dt.08-04-2026
                                                        2/2




                      and police has not complied Section 105 of BNSS while

                      preparing seizure list. A statement has been made in para-3 of

                      this petition that the petitioner has got no criminal antecedent.

                      Moreover, he is languishing in judicial custody since

                      14.02.2026.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Bairgania P.S. Case No. 48 of 2026 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned Exclusive Excise Court-I,

                      Sitamarhi.



                                            (Ashok Kumar Pandey, J)
shubham/-

U     T


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