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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

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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