Patna High Court
Mithelesh Kumar Yadav @ Mithelesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was granted as no offence was made out against the petitioner and nothing was recovered from his conscious possession.
Summary
Mithelesh Kumar Yadav sought anticipatory bail fearing arrest in a case under section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 37.5 litres of Nepali liquor seized from two motorcycles. The petitioner argued that the liquor was not in his conscious possession and that he was merely the owner. He relied on the Patna High Court Full Bench decision in Ram Vinay Yadav v. State of Bihar, which held that anticipatory bail can be granted despite the bar in Section 76(2) if no offence is made out. The State opposed the bail on the ground of the petitioner’s criminal antecedents. The court, considering the submissions and the precedent, granted anticipatory bail with a bond of Rs.10,000 and several conditions regarding appearance, cooperation, and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act when the alleged seized liquor is not in the petitioner’s conscious possession.
- Whether the bar under Section 76(2) of the Act precludes anticipatory bail in such circumstances.
- Whether the petitioner’s prior criminal record defeats the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- conscious possession
- seizure of liquor
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35392 of 2026
Arising Out of PS. Case No.-25 Year-2023 Thana- SIKTI District- Araria
======================================================
Mithelesh Kumar Yadav @ Mithelesh Kumar Son of Jay Ram Yadav Resident
of village -Singhia Parariya P.S.- Sikty District - Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amal Kumar Sinha, Advocate
For the State : Mrs. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 21-05-2026 Heard the parties through virtual mode.
2. The petitioner is apprehending his arrest in
connection with Sikti P.S. Case No. 25 of 2023 for the offence
under sections 30(a) of the Bihar Prohibition and Excise Act
lodged on 25.01.2023 by the informant, Kamal Kishore.
3. As per the prosecution story, the Police intercepted
two motorcycles and there is recovery/seizure of 6 liter and 31.5
liter totaling 37.5 liter Nepali Liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that he
being the owner got implicated and nothing has been recovered
from his conscious possession.
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
Patna High Court CR. MISC. No.35392 of 2026(2) dt.21-05-2026
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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 the
petitioner has criminal antecedent.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that nothing has been recovered from his conscious
possession, 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/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Exclusive Special Judge (Excise)-II,
Araria in connection with Sikti P.S. Case No. 25 of 2023 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
Patna High Court CR. MISC. No.35392 of 2026(2) dt.21-05-2026
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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
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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