Patna High Court
Mithlesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, subject to specified conditions.
Summary
Mithlesh Kumar was arrested on 28 February 2026 as the driver of a vehicle from which 120 litres of illicit beer were seized in Nawada under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. He contended that the liquor was not in his conscious possession and that he was falsely implicated, also alleging non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances Act during the seizure. The prosecution opposed bail, noting a prior criminal antecedent but also stating that the petitioner was already on bail in the same matter. The High Court considered the facts, the lack of direct possession, and the petitioner’s cooperation, and ordered his release on bail of Rs.10,000 with two sureties, subject to conditions of appearance, non‑tampering with evidence, and verification of his criminal antecedent. The bail order was directed to be implemented by the Exclusive Special Court, Excise‑2, Nawada.
Issues considered
- Whether bail should be granted to the accused driver in an excise case involving alleged possession of illicit liquor.
- Whether the alleged non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances Act affects the bail decision.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 103, 105
Subjects
- bail
- excise
- illicit liquor
- driver
- criminal antecedent
- Bihar Prohibition and Excise Act
- Bihar Narcotic Substances Act
- sections 30(a)
- section 41
- sections 103
- section 105
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25191 of 2026
Arising Out of PS. Case No.-222 Year-2026 Thana- Excise P.S. District- Nawada
======================================================
Mithlesh Kumar S/o Dwarika Yadav Resident of Village- Manpur, P.S.- Roh,
District- Nawada,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-04-2026 Heard Mr. Manmohan Kumar, learned counsel for
the petitioner and Md. Iftekhar Mahmood, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
28.02.2026 in connection with Nawada Excise P.S. Case No.
222 of 2026, F.I.R. dated 27.02.2026 for the offences punishable
under Sections 30(a) and 41 of the Bihar Prohibition and Excise
Act.
3. Recovery is of 120 liters of illicit beer.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather the recovery has
Patna High Court CR. MISC. No.25191 of 2026(2) dt.16-04-2026
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been made from vehicle in question and the petitioner has been
made accused merely on the basis that he is the driver of the
vehicle in question. The seizure list witnesses are police
personnel and there is non-compliance of Sections 103 and 105
of the BNSS. He further submits that the police after
investigation submitted the charge sheet against the petitioner.
The petitioner is in custody since 28.02.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries one criminal antecedent but fairly
submits on the basis of paragraph-3 of the bail application that
the petitioner is on bail in the said matter.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Court, Excise-2, Nawada in connection with Nawada
Excise P.S. Case No. 222 of 2026, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
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on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
atul/-
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