Patna High Court
Mithun Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court inclined to grant bail to the petitioner.
Summary
The petitioner, a driver, was arrested in connection with the recovery of 144 litres of country-made Mahua liquor from under the seat of his vehicle, alleged to be offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He contended that the liquor was not in his conscious possession, he has no prior criminal record, and has been in custody since 13 March 2026. The State opposed bail. The Court, noting the lack of conscious possession and the petitioner's clean antecedent, decided to grant bail on the condition of a Rs.10,000 bond and two sureties of equal amount. The order was made expressly prima facie and limited to the bail application, without prejudice to the trial. The petitioner was ordered to be released upon furnishing the bail bond to the Special Judge of the Excise Court, Katihar.
Issues considered
- Whether bail should be granted to the petitioner despite alleged offences under the Bihar Prohibition and Excise Act.
- Whether the absence of conscious possession and lack of criminal antecedent justify bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
Subjects
- bail
- excise
- Mahua liquor
- possession
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34275 of 2026
Arising out of PS. Case No.-108 Year-2026 Thana- Excise P.S. District- Katihar
======================================================
Mithun Kumar Yadav S/o Arjun Yadav R/o Bari Bathna, Ward No. 10, P.S.-
Mansahi, Distt.- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Adv.
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Katihar Excise P.S. Case
No. 108 of 2026 registered for alleged offence under Sections
30(a) and 32(3) of the Bihar Prohibition and Excise Act.
3. The allegation is that 144 litres country made
Mahua liquor was recovered under the seat of the driver of
Tempu (TOTO) and the petitioner is said to be the driver of the
said vehicle.
4. Learned counsel for the petitioner submits that
nothing has been recovered from the conscious possession of
the petitioner. He further submits that the petitioner has no
criminal antecedent and is in custody since 13.03.2026.
5. Learned Additional Public Prosecutor for the State
Patna High Court CR. MISC. No.34275 of 2026(2) dt.20-05-2026
2/2
has vehemently opposed the prayer for bail of the petitioner.
6. Considering that the alleged recovery was not
recovered from the conscious possession of the petitioner and
the petitioner is in custody since 13.03.2026 having no criminal
antecedent, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner, above named, be released
on bail on furnishing bail bonds of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to
the satisfaction of the learned Court Exclusive Special
Judge Excise Court No.-1, Katihar in connection with
Katihar Excise P.S. Case No. 108 of 2026.
8. It is made clear that any observation made
herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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