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Patna High Court

Mithun Kumar MistriversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to bond and conditions.

Summary

Mithun Kumar Mistri was arrested in connection with the seizure of 165.750 litres of liquor from a car, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he was merely sitting in the vehicle, had no knowledge of the liquor, and no incriminating material was found on his person, though he had two prior criminal antecedents and had been in custody since 7 October 2025. The State opposed bail, but the court noted the lack of direct evidence, the petitioner’s claim of innocence, and the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering these factors and the period of custody, the court decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties and conditions regarding family surety and appearance at trial dates.

Issues considered

  • Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the facts.
  • Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.

Legislation cited

Subjects

  • bail
  • prohibition act
  • excise
  • liquor seizure
  • criminal procedure
  • Section 103
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2782 of 2026
                          Arising Out of PS. Case No.-54 Year-2025 Thana- Telta District- Katihar
                 ======================================================
                 Mithun Kumar Mistri Son of Late Radha Krishna Mistri Resident of Mohalla
                 - Kasba, Ward No. 10, P.S. - Kasba, District -Purnia.
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Bimal Kumar, Advocate
                 For the Opposite Party/s :         Mr.Md. Iftekhar Mahmood, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Telta

                   P.S. Case No. 54 of 2025, instituted for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 165.750 liters

                   liquor was recovered from car.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. The petitioner

                   was found sitting in the alleged car and he has no knowledge

                   regarding nature of goods loaded on the car. The petitioner is in
           Patna High Court CR. MISC. No.2782 of 2026(2) dt.19-01-2026
                                                       2/2




                     custody since 07.10.2025 and has got two criminal antecedents.

                     There is no compliance of Section 103 of the Bharatiya Nagarik

                     Suraksha Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Telta P.S. Case No.

                     54 of 2025, subject to the following conditions:

                                  (I) One of the bailors shall be own/close member of

                     the family of the petitioner.

                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.


                                                          (Rudra Prakash Mishra, J)
manish/-
U      T


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