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Patna High Court

Mithal Yadav @ Mithilesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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