Patna High Court
Mithilesh @ Mithilesh Chaudhary @ Nanhak ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied.
Summary
The petitioner, Mithilesh Chaudhary, sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of 10.11 litres of illicit foreign liquor recovered from an open place. He contended that no liquor was found in his conscious possession and that he was being implicated merely on suspicion. The State opposed the bail, highlighting the large quantity of liquor recovered and the petitioner’s three prior convictions for similar offences. The Court examined whether the circumstances—open‑place recovery and the petitioner’s criminal record—justified granting anticipatory bail. Considering the seriousness of the offence, the volume of liquor seized, and the petitioner’s antecedents, the Court rejected the prayer for anticipatory bail. Consequently, the petition for anticipatory bail was dismissed.
Issues considered
- Whether anticipatory bail can be granted when illicit liquor is recovered from an open place and no possession is established.
- Whether the petitioner’s three prior convictions for similar offences preclude the grant of anticipatory bail.
- Whether mere suspicion, without concrete evidence of possession, suffices for arrest under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal antecedents
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43159 of 2026
Arising Out of PS. Case No.-234 Year-2026 Thana- RIVILGANJ District- Saran
======================================================
Mithilesh @ Mithilesh Chaudhary @ Nanhak Chaudhary S/o Chandrama
Chaudhary R/o Village - Samsuddinpur, P.S - Revilganj, Distt- Saran at
Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Vijay Kumar Srivastva, Advocate
For the State : Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 02-07-2026 Heard learned counsel appearing on behalf of the
petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. As per prosecution case, 10.11 litres illicit foreign
liquor was recovered from an open place.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. No incriminating article has been
recovered from conscious possession of this petitioner and he
has falsely been implicated in this case merely on suspicion. The
alleged illicit liquor has been recovered from an open place,
Patna High Court CR. MISC. No.43159 of 2026(2) dt.02-07-2026
2/2
which is accessible to one and all.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that huge quantity of illicit liquor
was recovered. Petitioner has got three criminal antecedents of
similar nature.
6. Considering the nature of accusation, recovery of
huge quantity of illicit liquor and fact that petitioner has got
three criminal antecedents of similar nature, the prayer for grant
of anticipatory bail to the petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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