Patna High Court
Mithun Kumar MistriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.