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Patna High Court

Mithilesh Singh @ Mithilesh Kumar @ Bhopal Kumar @ Bhapol @ BhopalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted to the petitioner subject to bail bond, sureties, and verification of antecedents as per Section 482(2) of the CrPC.

Summary

The petitioner, Mithilesh Singh, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 and Sections 281 and 125(a) of the Bihar Narcotic Substances Act, 2023. He argued that the liquor was recovered from a vehicle he did not own and that the only link to him was a confessional statement made by another person, Rocky, while in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending the seriousness of the offences. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.10,000 with two sureties and directing the trial court to verify the petitioner’s criminal antecedents. If more than two prior cases are found, the bail will not be confirmed; if exactly two are found, the bail will be confirmed. The order is subject to the conditions under Section 482(2) of the Criminal Procedure Code.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the pending excise and narcotic offences.
  • Whether the confessional statement of Rocky, made in police custody, can be the basis for arrest.
  • Whether the petitioner’s criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • narcotic substances
  • confessional statement
  • criminal antecedents
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37958 of 2026
                       Arising Out of PS. Case No.-138 Year-2026 Thana- OBRA District- Aurangabad
                 ======================================================
                 Mithilesh Singh @ Mithilesh Kumar @ Bhopal Kumar @ Bhapol @ Bhopal
                 S/o Late Lakhan Singh R/o vill - Gauri, P.S.- Obra, Distt.- Aurangabad
                                                                                ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Santosh Kumar Pandey
                 For the Opposite Party/s :        Mr. Shyam Bihari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-06-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022 and

                   Sections 281, 125(a) of the BNS, 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 275.2 litres of liquor from a Swift

                   car. It is next submitted 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 confessional statement of Rocky

                   in police custody which does not have any evidentiary value.

                                4. Learned A.P.P. for the State opposes the prayer for
           Patna High Court CR. MISC. No.37958 of 2026(2) dt.17-06-2026
                                                       2/2




                     anticipatory bail of the petitioner.

                                  5. Considering the submissions made by the learned

                     counsel for the petitioner, the petitioner above-named, in the

                     event of his arrest or surrender within a period of six weeks

                     from today, be released on provisional anticipatory bail on

                     furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) 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 Obra P.S. Case No.138/2026, subject to the

                     conditions as laid down under Section 482(2) of the B.N.S.S.

                                  6. It is made clear that the learned trial court thereafter

                     shall verify the criminal antecedents of the petitioner and in the

                     event if it is found that petitioner has antecedent of more than

                     two cases, in that event, it would be presumed that petitioner

                     had concealed his antecedent before this court, as such, the

                     provisional anticipatory bail order shall not be confirmed but if

                     on verification it is found that petitioner has antecedent of two

                     cases, in that event the provisional anticipatory bail order shall

                     be confirmed forthwith.



                                                             (Satyavrat Verma, J)
amit/-
U      T


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