Patna High Court
Mithilesh Kumar @ Mithilesh Kumar Ray @ LangariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Mithilesh Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, where 42.720 litres of liquor were allegedly recovered from a bamboo orchard adjacent to his house. He argued that no liquor was seized from his possession and that the location did not belong to him, contending that the investigation was based on secret information without proper inquiry. The State opposed the bail, highlighting the petitioner’s antecedent of ten prior excise cases. The Court granted provisional anticipatory bail conditioned on a Rs. 50,000 bond with two sureties and directed verification of his criminal antecedent. It stipulated that if more than ten prior cases are found, the bail would be revoked, whereas confirmation would follow if exactly ten cases are verified.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite his prior ten excise cases.
- Whether the lack of seizure from the petitioner’s possession and the location of the alleged liquor affect the grant of bail.
Subjects
- anticipatory bail
- excise law
- Section 30
- Section 482
- Bihar Excise Act
- criminal antecedent
- bond conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7162 of 2026
Arising Out of PS. Case No.-526 Year-2025 Thana- RAJNAGAR District- Madhubani
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Mithilesh Kumar @ Mithilesh Kumar Ray @ Langari S/O Kishore Rai R/O
Village- Mirjapur Rajnagar PS Rajnagar Distt Madhubani
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ratnakar Jha
For the Opposite Party/s : Mr.Akbar Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-02-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of ten cases under the Excise Act and
allegation is of recovery of 42.720 litres of liquor from a
bamboo orchard situated behind the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner,
but then is adjacent to his house and he came to be implicated
Patna High Court CR. MISC. No.7162 of 2026(2) dt.19-02-2026
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based on secret information which is the easiest way to
implicate someone. It is further submitted that once an accused
is implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on Provisional anticipatory bail on
furnishing bail bonds of Rs. 50,000/- (Rupees Fifty Thousand)
with two sureties of the like amount each to the satisfaction of
the learned trial court where the case is pending/successor court
in connection with Rajnagar P.S. Case No. 526 of 2025, subject
to the conditions as laid down under Section 482(2) of the
BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of more than ten
cases then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Patna High Court CR. MISC. No.7162 of 2026(2) dt.19-02-2026
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Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner has
antecedent of ten cases in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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