Patna High Court
Mithilesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS, pending verification of his antecedent.
Summary
Mithilesh Kumar Singh applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, alleging that 33 litres of liquor were recovered from a motorcycle he did not own and that the only evidence against him was a confessional statement made by Vikash Kumar while in police custody. The petitioner argued he had a clean antecedent and that the confessional statement lacked evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, including verification of the petitioner’s criminal antecedent. If any antecedent is found, the bail may be cancelled; otherwise, it will be confirmed. The order directs the trial court to verify the antecedent within six weeks of the petitioner's arrest or surrender.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether a confessional statement made in police custody is admissible as evidence.
- Whether lack of ownership and conscious possession of the seized vehicle affects the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic and Smuggling (BNSS) Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- confessional statement
- police custody
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79414 of 2025
Arising Out of PS. Case No.-62 Year-2025 Thana- Sinha District- Bhojpur
======================================================
Mithilesh Kumar Singh S/o- Late Kamal Dev Singh R/O Village- Chaumukha
P.S. - Ara Muffasil, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandan Kumar, Advocate
For the Opposite Party/s : Ms. Meena Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 21-01-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act, 2018.
3. Learned counsel for the petitioner submits that the
defects as pointed out by the office have been removed except
one defect which requires filing of a typed copy but then the
typed copy is a readable.
4. In view of the submissions made by the learned
counsel appearing on behalf of the petitioner, the said defect is
ignored.
5. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 33 litres of liquor from a motorcycle.
Patna High Court CR. MISC. No.79414 of 2025(3) dt.21-01-2026
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6. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of the seized vehicle and came to
be implicated based on the confessional statement of Vikash
Kumar in police custody which does not have any evidentiary
value in the eye of law.
7. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
8. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.500/- (Rupees Five Hundred) 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 Sinha
P.S. Case No. 62 of 2025, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./482(2) of the BNSS.
9. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of even one case, it
Patna High Court CR. MISC. No.79414 of 2025(3) dt.21-01-2026
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would be presumed that petitioner had concealed his antecedent
before this Court at para 3 of the anticipatory bail application in
that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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