Patna High Court
Mithun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the application for regular bail, granting release on bond with conditions.
Summary
Mithun Kumar was arrested in connection with the seizure of 315 litres of illicit liquor from his vehicle, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for regular bail, claiming innocence and stating that no incriminating material was found on him, while the State opposed bail citing a prior criminal antecedent. The Patna High Court considered the facts, the period of custody, and the nature of the offence, and concluded that bail could be granted despite the antecedent. The Court ordered his release on a bail bond of Rs.10,000 with two sureties, subject to attendance at the police station on specified days and regular participation in the trial. The order was made on a prima facie basis and does not prejudice the merits of the trial.
Issues considered
- Whether the petitioner is entitled to regular bail for an offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s prior criminal antecedent precludes the grant of bail.
- Whether the conditions imposed by the Court are appropriate for the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- regular bail
- bail bond
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43852 of 2026
Arising Out of PS. Case No.-77 Year-2026 Thana- AMBA District- Aurangabad
======================================================
Mithun Kumar S/o Krishna Ram Resident of Village- Ararua Khurd, P.S.-
Hariharganj, Dist.- Palamu (Jharkhand)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Adarsh Singh
For the Opposite Party/s : Mr. Shyameshwar Dayal
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 08-07-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Amba P.S. Case No. 77 of 2026 registered for the offence under
Section(s) 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 315 liters of illicit
liquor was recovered from the Scorpio vehicle in question.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 08.05.2026. It is also submitted
that nothing incriminating has been recovered from the
possession of the petitioner.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail and has submitted that the petitioner
Patna High Court CR. MISC. No.43852 of 2026(3) dt.08-07-2026
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has one criminal antecedent.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody, this application for regular
bail is allowed.
7. Accordingly, let the petitioner, above named, 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 the learned Court below where the case is
pending/successor Court in connection with Amba P.S. Case No.
77 of 2026 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Hariharganj Police
Station, Palamu, Jharkhand on the first and
third Sunday of each month. Any default in
appearance at the Police Station would
result in cancellation of bail bond of the
petitioner.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
Patna High Court CR. MISC. No.43852 of 2026(3) dt.08-07-2026
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and shall not influence the trial or any other proceedings in any
manner.
9. Let a copy of this order be communicated to the
Superintendent of Police, Palamu, Jharkhand through FAX or e-
mail for immediate compliance.
(Sandeep Kumar, J)
Shishir/-
U T
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