Patna High Court

Mithlesh KumarversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner subject to conditions.

Summary

Mithlesh Kumar, a driver, was arrested on 16‑12‑2025 after 1541.88 litres of liquor were recovered from his pick‑up in Ahiyapur and he was charged under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the liquor, no incriminating material was found in his conscious possession and that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 had not been complied with. The State opposed his bail application. The High Court noted his clean record, the circumstances of his custody and the lack of direct evidence linking him to the contraband. Accordingly, the Court granted bail on a bond of Rs.15,000 with two sureties, imposing conditions of regular appearance, non‑tampering with evidence and non‑intimidation of witnesses, and warned that bail could be cancelled on breach.

Issues considered

Whether bail should be granted to the accused under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.
Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
Whether the accused poses a risk of tampering with evidence or influencing witnesses.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
Section 30
Section 41
Bharatiya Nagarik Suraksha Sanhita
Section 103
driver
possession
evidence tampering
witness intimidation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7830 of 2026
                   Arising Out of PS. Case No.-1748 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
                 ======================================================
                 Mithlesh Kumar S/O Daddi Ram @ Dadhi Ram R/O Village- Motipur Harpur
                 Junaida, P.S- Motipur, Dist.- Muzaffarpur.
                                                                      ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Priyesh Kumar, Advocate
                 For the Opposite Party/s :       Mr.Ramesh Chandra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   10-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Ahiyapur P.S. Case No. 1748 of 2025, instituted for the offences

                   punishable under Sections 30(a) and 41 of the Bihar Prohibition

                   and Excise Act.

                                3. The prosecution case, in short, is that total 1541.88

                   liters liquor was recovered from Pick-up. Petitioner was arrested

                   on the spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.7830 of 2026(2) dt.10-02-2026
                                            2/3




          further submitted that the petitioner is driver of the vehicle and

          he has no knowledge regarding the goods loaded in the vehicle.

          The petitioner is in custody since 16.12.2025 and has got no

          criminal antecedent. There is no compliance of Section 103 of

          the Bharatiya Nagarik 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 and 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 Ahiyapur P.S. Case

          No. 1748 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be the petitioner’s own or

          close member.

                       (II) The petitioner shall appear on each and every date

          fixed during the trial and shall not remain absent on two

          consecutive dates without sufficient cause.

                       (III) The petitioner shall not tamper with the

          prosecution evidence or influence/intimidate any witness during
           Patna High Court CR. MISC. No.7830 of 2026(2) dt.10-02-2026
                                                       3/3




                     the course of trial.

                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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