Patna High Court
Mintu Kumar @ Sunil Singh @ Mintu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond of Rs.10,000 and two sureties.
Summary
The petitioner, Mintu Kumar, applied for anticipatory bail fearing arrest in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016, concerning the alleged seizure of 15 litres of country liquor. The prosecution alleged that the petitioner was identified by a chowkidar as one of four accused who escaped the scene, but no incriminating article was recovered from him and he had not been arrested. The petitioner contended that he was falsely implicated and offered to cooperate with the investigation. The State opposed the bail. After hearing both sides, the Court noted the lack of arrest and absence of seized material on the petitioner and directed that, upon his arrest or surrender within four weeks, he be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Excise Court.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the material on record justifies denial of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- anticipatory bail
- section 30(a)
- Bihar Prohibition and Excise Act
- criminal procedure
- bail bond
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27520 of 2026
Arising Out of PS. Case No.-18 Year-2026 Thana- SIKARHATTA District- Bhojpur
======================================================
Mintu Kumar @ Sunil Singh @ Mintu Yadav S/o Ramdhani Singh Resident
of Village - Sikarhatta, (Bharosi Tola), Police Station - Sikarhatta, District -
Bhojpur, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 29-04-2026 1. Heard learned counsel for the parties.
2. The petitioner in this application prays for grant
of anticipatory bail apprehending his arrest in connection with
Sikarhatta P.S.Case no.18 of 2026 registered for the offence
punishable under section 30(a) of the Bihar Prohibition and
Excise Act, 2016.
3. As per prosecution case, seeing the police
personnel four accused escaped leaving behind 15 litres of
country liquor. It is further stated that Choukidar identified the
petitioner to be amongst the four accused who had escaped.
4. Learned counsel for the petitioner submits that
the petitioner has been falsely implicated in the case because of
his antecedent. He has no concern either with the seized article
Patna High Court CR. MISC. No.27520 of 2026(2) dt.29-04-2026
2/2
nor with the place of its seizure. He undertakes to cooperate in
the investigation/trial.
5. The application for bail is opposed by learned
APP for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation in the F.I.R., the
petitioner not having been arrested at the spot and no
incriminating article having been recovered from the petitioner’s
possession, it is directed that the petitioner, above named, in the
event of his arrest or surrender before the learned Court below
within a period of four weeks, be released on anticipatory bail in
connection with Sikarhatta P.S.Case no.18 of 2026 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Exclusive Special Excise Court no.2, Bhojpur, Ara.
(Partha Sarthy, J)
Bibhash
U T
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