Patna High Court
Mithun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner with conditions, holding that the bar under Section 76(2) does not preclude bail where no offence is made out.
Summary
Mithun Kumar, the owner of a motorcycle, was implicated in an FIR (Excise Kahalgaon PS Case No. 900 of 2025) for allegedly transporting 49 litres of country‑made liquor, alleged under section 30(a) of the Bihar Prohibition and Excise Act. He applied for anticipatory bail, arguing that mere ownership of the vehicle should not constitute participation in the offence and that he has no prior criminal record. The State opposed, contending that ownership alone suffices for liability. Relying on the Patna High Court Full Bench decision in Ram Vinay Yadav v. State of Bihar (2019 (2) PLJR 1089), which permits anticipatory bail despite the bar in Section 76(2) if no offence is made out, the Court granted anticipatory bail with stringent conditions. The order directs the petitioner to furnish a bail bond of Rs.10,000 with two sureties and comply with attendance, non‑interference with witnesses, and abstention from further offences.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2) when the accused merely owns the vehicle used in the alleged offence.
- Whether the petitioner’s lack of criminal antecedent and the absence of a made‑out offence justify the grant of anticipatory bail.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- section 30(a)
- section 76(2)
- seizure of liquor
- motorcycle ownership
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31338 of 2026
Arising Out of PS. Case No.-900 Year-2025 Thana- EXCISE KAHALGAON District-
Bhagalpur
======================================================
Mithun Kumar S/o Saroj Kumar Mahto R/O Vill.- Kangali Tola, P.S.-
Pirpainti, Dist.- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar No.6, Advocate
For the State : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 07-05-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Excise Kahalgaon P.S. Case No. 900 of 2025
for the offence under sections 30(a) of the Bihar Prohibition and
Excise Act lodged on 23.10.2025 by the informant, Rakesh
Kumar.
3. As per the prosecution story, the informant alleged
on secret information, a motorcycle was intercepted and there is
recovery/seizure of 49 liters country made liquor. This led to the
FIR.
4. Learned counsel for the petitioner submits that only
because he owns the motorcycle, got implicated. Actually, it was
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handed over to his friend, little realizing that he will be carrying
the liquor. Last submission is that the petitioner do not have
criminal antecedent.
5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer submitting that he
owns the motorcycle.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that he do not have criminal antecedent, in that background,
this Court is inclined to extend him the privilege of anticipatory
bail with conditions.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
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(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Additional Sessions Judge-IX, Bhagalpur
in connection with Excise Kahalgaon P.S. Case No. 900 of 2025
subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
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cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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