Patna High Court
Mithal Yadav @ Mithilesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Mithal Yadav, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 10 litres of illicit liquor. No incriminating material was found in his possession and the prosecution’s case relied solely on a confessional statement of a co‑accused who was caught at the scene. The petitioner argued that he had a clean antecedent and no direct involvement. The State opposed his anticipatory bail application. The Court, considering the nature of the accusation, the place of recovery and the petitioner’s clean record, granted anticipatory bail, directing that if arrested within eight weeks he may be released on a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- What is the appropriateness of granting anticipatory bail when the accusation is based solely on a co‑accused’s confessional statement and no material is found on the petitioner’s person?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- excise law
- confessional statement
- clean antecedent
- Section 30
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43660 of 2026
Arising Out of PS. Case No.-224 Year-2026 Thana- HISUWA District- Nawada
======================================================
Mithal Yadav @ Mithilesh Kumar S/o Mahendra Yadav R/o Village- Maluka
Bigha, P.S- Hisua, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vishwa Ranjan Choudhary, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends 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, total 10 liters illicit liquor
was recovered from an open place of Ahra.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner has got no concern with
the alleged recovery and he has been made accused in this case
merely on the basis of confessional statement of co-accused
who was apprehended on the spot. Petitioner claims clean
Patna High Court CR. MISC. No.43660 of 2026(2) dt.08-07-2026
2/2
antecedent.
5. Learned A.P.P. for the State opposed the bail
application.
6. Considering the nature of accusation, place of recovery and
clean antecedent, this anticipatory bail is allowed and it is
ordered that let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Court of Exclusive
Special Excise Court No.-1, Nawada in connection with Hisua
P. S. Case No. 224 of 2026, subject to condition as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita.
(Prabhat Kumar Singh, J)
Sanjay/Alok-
U T
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