Patna High Court
Mithilesh Kumar @ Mithlesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail was granted to the petitioner on the condition of a cash bond and two sureties.
Summary
The petitioner, Mithilesh Kumar, was arrested in connection with a case under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act for allegedly transporting 30 litres of country‑made liquor on a motorcycle. The police recovered the liquor but no incriminating article was found in the petitioner's conscious possession. The petitioner, who has no prior criminal record, applied for bail after being in custody since 18 March 2026. The State opposed the bail application. The High Court, noting the absence of the contraband from the petitioner's possession and his clean antecedent, granted bail on a bond of Rs.10,000 with two sureties. The order was made on a prima facie basis and does not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to a person accused of transporting illicit liquor under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act when no contraband was found in his conscious possession and he has no prior criminal record.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32
Subjects
- bail
- prohibition
- excise
- illicit liquor
- conscious possession
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34876 of 2026
Arising out of PS. Case No.-20 Year-2026 Thana- EXCISE SONPUR District- Saran
======================================================
Mithilesh Kumar @ Mithlesh Kumar Son of Janardan Ray Resident of
Village- Sabalpur, Chaharam, P.S.- Sonpur, District- Saran at Chapra (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar, Adv.
For the Opposite Party/s : Mr. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Sonpur P.S. Case No. 20
of 2026 dated 17.03.2026 registered under Section 30(a) and 32
of Bihar Prohibition and Excise Act.
3. The allegation is that 30 litres of country made
liquor was recovered from the motorcycle and the petitioner was
transporting the liquor from one place to another place on the
said vehicle.
4. Learned counsel for the petitioner submits that
nothing incriminating article was recovered from the conscious
possession of the petitioner. He further submits that the
petitioner has no criminal antecedent and is in custody since
18.03.2026.
Patna High Court CR. MISC. No.34876 of 2026(2) dt.20-05-2026
2/2
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering that nothing incriminating article was
recovered from the conscious possession of the petitioner and
the petitioner is in custody since 18.03.2026 having no criminal
antecedent, this Court is inclined to grant bail to the petitioners.
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 3 r d Exclusive Special
Excise Court, Saran at Chapra in connection with
Sonpur P.S. Case No. 20 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.
Vikash/- (Ansul, J)
U T
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