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Patna High Court

Mithlesh Kumar @ Mithlesh Kumar Yadav @ Mithilesh Kumar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioners, subject to verification of their antecedent and compliance with Section 438(2) CrPC.

Summary

The petitioners, Mithlesh Kumar and Sanjit Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act alleging recovery of 154.890 litres of liquor. They argued they have clean antecedents, were not arrested at the spot, and the recovery was from a place not belonging to them, relying on a confessional statement of a third party taken in police custody which they claimed lacks evidentiary value. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs. 500 each with two sureties, subject to verification of their criminal antecedent and compliance with Section 438(2) CrPC. The court clarified that if any antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC in a case under Section 30(a) of the Excise Act.
  • Whether the confessional statement of a third party taken in police custody can form the basis for denying bail.
  • Whether the petitioners' alleged lack of possession and clean antecedent justify granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • clean antecedent
  • confessional statement
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39394 of 2026
                    Arising Out of PS. Case No.-389 Year-2026 Thana- Excise P.S. District- Muzaffarpur
                 ======================================================
           1.     Mithlesh Kumar @ Mithlesh Kumar Yadav @ Mithilesh Kumar Yadav s/o
                  Jailal Rai R/o Village- Jagarnathpur dokra ,P.S -Saraiya ,District-
                  Muzaffarpur
           2.    Sanjit Kumar @ Sanjeet Kumar S/o Deepu Ray @ Tipu Rai R/o Village-
                 Ataraliya, Gopalpur Neura, Ward no- 13, ,P.S -Saraiya ,District-
                 Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Yugal Kishore
                 For the Opposite Party/s :        Mr.Md. Anzarul Haque Sahara
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-06-2026                  1. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek bail in anticipation of their

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioners submits that

                   the petitioners are persons with clean antecedent and the

                   allegation is of recovery of 154.890 litres of liquor from a place

                   behind the paltry farm of Vikki Kumar.

                                4. The learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was

                   recovered from their conscious possession and even alleged
Patna High Court CR. MISC. No.39394 of 2026(2) dt.22-06-2026
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          recovery is from a place, which does not belong to the petitioner

          and he came to be implicated based on confessional statement of

          Vikki Kumar in police custody which does not have any

          evidentiary value.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

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

          event of their arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on their furnishing bail-bonds in

          the sum of Rs. 500/- (Rupees Five Hundred) each 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 Excise P. S. Case No.389 of 2026, 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 petitioners shall

          verify the criminal antecedent of the petitioners and in the event,

          if it is found that petitioners have antecedent of even one case,

          then it would be presumed that petitioners for the purposes of
               Patna High Court CR. MISC. No.39394 of 2026(2) dt.22-06-2026
                                                           3/3




                         obtaining anticipatory bail had concealed their 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 petitioners are persons 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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