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Patna High Court

Mithun KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner.

Summary

Mithun Kumar was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 24 litres of illicit country‑made liquor were recovered from an open area near a factory. The petitioner argued that no liquor was found in his possession and that he was falsely implicated, noting that the recovery was from a public place and that there was no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. He had been in custody since 23‑12‑2025 and possessed one prior criminal antecedent. The State opposed bail. Considering the circumstances, the Court decided to grant bail, ordering the petitioner to furnish a bail bond of Rs.15,000 with two sureties of the same amount.

Issues considered

  • Whether the petitioner is entitled to bail under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • illicit liquor
  • criminal procedure
  • Section 103
  • prior criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4761 of 2026
                         Arising Out of PS. Case No.-143 Year-2018 Thana- FATUA District- Patna
                 ======================================================
                 Mithun Kumar Son of Rajdev Rai Resident of Village- Dhanraj Tola, P.S.-
                 Khusrupur, Dist- Patna

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Saurav Anand, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   28-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Fatuha

                   P.S. Case No. 143/2018 instituted for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 24 litres

                   of illicit country-made liquor has been recovered beside a

                   factory.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner rather the recovery has been made

                   from an open place which is accessible to public at large.
             Patna High Court CR. MISC. No.4761 of 2026(2) dt.28-01-2026
                                                         2/2




                       TheThe petitioner has got no concern with the alleged recovery

                       of liquor. The petitioner is in custody since 23.12.2025 and has

                       one criminal antecedent. There is no compliance of Section 103

                       of the Bharatiya Nagarika Suraksha Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances of

                       the case as also the period of custody undergone by the

                       petitioner, this Court is inclined to grant bail to the petitioner.

                                    7. Let the petitioner be released on bail on furnishing

                       bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Fatuha P.S. Case No.

                       143/2018.



                                             (Rudra Prakash Mishra, J)
atul/-

U        T


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