Patna High Court
Mithilesh Kumar @ Mithalesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to bond, sureties, and verification of antecedents.
Summary
Mithilesh Kumar Yadav applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for allegedly recovering 78 litres of liquor from a corn field. The petitioner argued that the liquor was not in his possession, the location was public, and the complaint stemmed from a hostile watchman, raising doubts about the prosecution's case. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.5,000 with two sureties, subject to verification of his criminal antecedents. The court warned that if more than one prior case is found, the bail may be revoked, but if only one antecedent exists, the provisional bail will be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC for an offence under Section 30(a) of the Excise Act.
- Whether the absence of possession and the alleged motive of the complainant affect the grant of anticipatory bail.
- Whether the petitioner’s prior criminal antecedents influence the confirmation of provisional bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- liquor seizure
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32128 of 2026
Arising Out of PS. Case No.-86 Year-2025 Thana- PIPRA District- Supaul
======================================================
Mithilesh Kumar @ Mithalesh Kumar Yadav S/o- Madan Yadav Resident of
village - Tetrahi, Tetarahi, Ward No. 03, Police Station - Pipra, District -
Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-05-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case under the Excise Act
and allegation is of recovery of 78 litres of liquor from a corn
field.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
recovery is from a place, which does not belong to the petitioner
Patna High Court CR. MISC. No.32128 of 2026(2) dt.13-05-2026
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and is accessible to public at large and he came to be implicated
at the instance of Chaukidar with whom he is on an inimical
term. It is further submitted that if Chaukidar was aware of the
involvement of the petitioners in the occurrence, then why he
did not inform the police prior to institution of the present F.I.R.,
which casts an aspersion on the case of the prosecution.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.5,000/- (Rupees Five Thousand) 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 Pipra P. S. Case No.86 of 2025, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
Patna High Court CR. MISC. No.32128 of 2026(2) dt.13-05-2026
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found that petitioner has antecedent of more than one case, then
it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of one case only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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