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Patna High Court

Mithalesh Kumar @ Mithu Kumar @ Mithlesh RamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedents.

Summary

The petitioner, Mithalesh Kumar, sought anticipatory bail under Section 438 of the Cr.P.C. after a case was registered against him for alleged violation of Section 30(a) of the Excise Act involving the recovery of 52.8 litres of liquor from a motorcycle registered in his mother’s name. He argued that he had no prior criminal record, was not in possession of the seized liquor, and was unaware of his friend’s misuse of the vehicle. The State opposed the bail, contending the seriousness of the offence. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds and sureties, subject to verification of his antecedents and compliance with Section 438(2) conditions. The order stipulated that if any antecedent is discovered, the bail would be revoked; otherwise, it would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 Cr.P.C. in a case under Section 30(a) of the Excise Act
  • Whether the petitioner’s lack of ownership and possession of the seized vehicle and liquor negates liability
  • Whether the petitioner’s clean antecedent warrants grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 Cr.P.C.
  • Excise Act
  • Section 30(a)
  • vehicle seizure
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37031 of 2026
                    Arising Out of PS. Case No.-28 Year-2025 Thana- BALUA BAZAR District- Supaul
                 ======================================================
                 Mithalesh Kumar @ Mithu Kumar @ Mithlesh Ram Son of Chandeshwar
                 Ram Resident of Village - Bayasi Ward No. 14, P.S.- Karjain, District -
                 Supaul.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Kamal Kishore Singh
                 For the Opposite Party/s :      Mr.Jharkhandi Upadhyay
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-06-2026                  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 is a person with clean antecedent and allegation is

                   of recovery of 52.8 litres of liquor from a motorcycle.

                                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 is not the owner of

                   the seized vehicle and he came to be implicated based on the

                   fact that the seized motorcycle was registered in the name of his
Patna High Court CR. MISC. No.37031 of 2026(2) dt.16-06-2026
                                            2/3




          mother. It is further submitted that petitioner was completely

          unaware that his friend would misuse the vehicle in the manner

          as alleged who also fled from the spot. It is further submitted

          that no son would use a vehicle registered in the name of his

          parents for committing an illegal act knowing the consequences.

                       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.500/- (Rupees Five Hundred) 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

          Balua Bazar P. S. Case No.28 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

          found that petitioner has antecedent of even one case, then it
               Patna High Court CR. MISC. No.37031 of 2026(2) dt.16-06-2026
                                                           3/3




                         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 is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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