Patna High Court
Mithlesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 480(3)
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
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(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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