Patna High Court
MITHLESH KUMARversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The petitioner is entitled to provisional anticipatory bail, subject to verification of his antecedent and compliance with the conditions imposed.
Summary
The petitioner, Mithlesh Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 15 litres of liquor recovered from two motorcycles, one of which he owned. He argued that he had no prior criminal record, that the liquor was not found in his immediate possession, and that he was unaware of any misuse of his vehicle by a co‑accused named Ajay. The State opposed his request for anticipatory bail. The Court, after considering the petitioner's clean antecedent and the circumstances of the seizure, granted provisional anticipatory bail subject to a modest bond and two sureties, with a directive that the trial court verify his antecedent before confirming the bail. The order also stipulated that if any prior case is discovered, the provisional bail would not be confirmed. The decision rests on the Court’s discretion under Section 482(2) of the BNSS to prevent abuse of the judicial process.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
Legislation cited
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- seizure of liquor
- clean antecedent
- Section 482(2)
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30886 of 2026
Arising Out of PS. Case No.-21 Year-2026 Thana- DIDARGANJ District- Patna
======================================================
MITHLESH KUMAR S/O HARENDRA DAS RESIDENT OF VILLAGE-
JAHANGIRPUR, P.S.- JAFRABAD DIH, DISTRICT- VAISHALI
... ... Petitioner/s
Versus
THE STATE OF BIHAR PATNA
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shyam Kumar Chaudhary
For the Opposite Party/s : Mr.Khurshid Anwar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-05-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 15 litres of liquor from two different motorcycles.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of one of the
seized motorcycles. It is next submitted that no prudent person
would use his own vehicle for committing an occurrence and
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thus would create evidence against himself and hence would get
implicated, it is further submitted that petitioner was completely
unaware that Ajay would misuse the vehicle in the manner as
alleged, who was also apprehended from the spot along with
four others.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on Provisional anticipatory bail on
furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with
two sureties of the like amount each to the satisfaction of the
learned trial court where the case is pending/successor court in
connection with Didarganj P.S. Case No. 21 of 2026 subject to
the conditions as laid down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of even one case
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner is a
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person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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