Patna High Court
Mithun YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner, subject to a bond and sureties.
Summary
Mithun Yadav was arrested in connection with an alleged sale of illicit liquor under sections 30(a) and 32 of the Bihar Prohibition and Excise Act, 2016. The prosecution alleged that a secret tip indicated the accused would sell liquor near a canal and that 200 litres of country liquor were recovered from the area, though none was found in the petitioner’s possession. The petitioner contended that he was falsely implicated, no incriminating article was seized from him, and he had been in custody since 9 April 2026, expressing willingness to cooperate with the investigation. The Court, after hearing both sides, noted the nature of the allegation, the absence of any seized article from the petitioner, and the length of his custody. Accordingly, the Court ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Excise Court‑I, Jamui.
Issues considered
- Whether regular bail should be granted to the petitioner under sections 30(a) and 32 of the Bihar Prohibition and Excise Act, 2016.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32
Subjects
- regular bail
- excise law
- illicit liquor
- criminal procedure
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40444 of 2026
Arising Out of PS. Case No.-63 Year-2026 Thana- KHAIRA District- Jamui
======================================================
Mithun Yadav, S/o Upendra Yadav, R/o Village- Khaira, P.S.- Khaira, District
- Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sauravh Singh, Advocate
Mr. Samir Kumar, Advocate
Mr. Abhimanyu Deo, Advocate
For the Opposite Party/s : Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 01-07-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Khaira P.S. Case no.63
of 2026 registered under sections 30(a) and 32 of the Bihar
Prohibition and Excise Act, 2016.
3. As per the prosecution case, the informant states
that secret information was received that the petitioner and one
Tito Yadav were coming towards the canal and will be selling
liquor. It is stated that seeing the police personnel the accused
persons managed to escape. However on search of the area/road
where their vehicle was parked, it is stated that 200 litres of
country liquor was recovered.
4. Learned counsel for the petitioner submits that no
Patna High Court CR. MISC. No.40444 of 2026(2) dt.01-07-2026
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incriminating article has been recovered from the petitioner’s
possession who has been falsely implicated in the case because
of his antecedents. He is in custody since 9.4.2026 and
undertakes to cooperate in the investigation/trial.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the nature of allegation in the F.I.R.,
no incriminating article having been recovered from the
petitioner’s possession and the petitioner having remained in
custody since 9.4.2026, the petitioner is directed to be enlarged
on bail in connection with Khaira P.S. Case no.63 of 2026, on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Exclusive Excise Court-I, Jamui.
(Partha Sarthy, J)
avinash/-
U T
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