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Patna High Court

Mithun YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        2/2




                      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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