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Patna High Court

Mithlesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner with conditions.

Summary

The petitioner, Mithlesh Kumar, was arrested on suspicion of carrying 135 litres of country-made Mahua liquor on a motorcycle in Bhadwar, Gaya. He claimed that the motorcycle did not belong to him, the actual driver fled, and that he was falsely implicated, emphasizing his clean antecedent and that he had been in custody since May 12, 2026. The State opposed his bail application, arguing the seriousness of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act. The court examined the nature of the recovery, the lack of incriminating evidence directly linking the petitioner to the liquor, and his clean record. Considering these factors, the court granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions under Section 480(3) of the B.N.S.S. and additional personal conditions. The petitioner was ordered to remain present on all court dates, with bail liable to cancellation upon non‑compliance.

Issues considered

  • Whether bail should be granted to the petitioner accused under Section 30(a) of the Bihar Prohibition and Excise Act
  • Whether the circumstances of the arrest and the petitioner's clean antecedent justify release on bail

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • Mahua liquor
  • Section 30(a)
  • Section 480(3)
  • Bihar
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42077 of 2026
                       Arising Out of PS. Case No.-36 Year-2026 Thana- BHADHWAR District- Gaya
                 ======================================================
                 Mithlesh Kumar S/o Raj Kumar Bharti @ Raj Kumar Resident of Village-
                 Harni Khajura, P.S.- Maigra, Distt.- Gaya Ji

                                                                                 ... ... Petitioner/s

                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Vijay Kumar, Advocate
                 For the Opposite Party/s :      Mr.Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   01-07-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                02. In the present case, the petitioner seeks bail in

                   connection with Bhadwar P.S. Case No. 36 of 2026 registered

                   for the alleged offences under Section 30(a) of Bihar Prohibition

                   and Excise Act.

                                03. As per prosecution case, the petitioner was

                   apprehended carrying 135 litres of country made Mahua liquor

                   on a motorcycle.

                                04. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case. Nothing incriminating has been recovered from the person

                   or possession of the petitioner. The motorcycle from which
Patna High Court CR. MISC. No.42077 of 2026(2) dt.01-07-2026
                                            2/3




          recovery has been made does not belong to the petitioner and

          the culprit, who was driving the motorcycle, fled away and the

          petitioner was apprehended merely on suspicion. The petitioner

          is having clean antecedent and he is in custody since

          12.05.2026.

                       05. Learned APP opposes the submission made on

          behalf of the petitioner.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          nature of recovery and period of custody of the petitioner and

          his clean antecedent, the petitioner above named is directed to

          be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of learned Exclusive Special Excise Court No.-2,

          Gaya Ji/concerned Court in connection with Bhadwar P.S. Case

          No. 36 of 2026, subject to the conditions mentioned in Section

          480(3) of B.N.S.S. and also the following conditions :

                                          (i) One of the bailors will be a close

                                          relative of the petitioner.

                                          (ii) The petitioner will remain present

                                          on each and every date fixed by the

                                          court below.
            Patna High Court CR. MISC. No.42077 of 2026(2) dt.01-07-2026
                                                        3/3




                                                      (iii) In case of absence on three

                                                      consecutive dates or in violation of the

                                                      terms of the bail, the bail bond of the

                                                      petitioner will be liable to be cancelled

                                                      by the court concerned.



                                                (Arun Kumar Jha, J)

DKS/-

U       T


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