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Patna High Court

Mithlesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to pre‑arrest bail, subject to the conditions laid down under Section 482(2) of the BNSS.

Summary

The petitioner, Mithlesh Kumar, applied for pre‑arrest bail after 29.5 litres of illicit liquor were recovered from a motorcycle registered in his name. He claimed he was falsely implicated because the vehicle was parked in a public area and he had no involvement in liquor trade. The State opposed the bail, citing the recovery of a large quantity of illegal liquor. The High Court noted that mere ownership of the vehicle does not prove participation in the offence and, considering the petitioner’s clean antecedent, directed that he be released on pre‑arrest bail upon furnishing a bail bond with two sureties, subject to Section 482(2) of the BNSS. The court also directed the District Court to verify the petitioner’s criminal antecedents and stated that the order would lapse if any other pending case is discovered. The bail application was disposed of with the grant of pre‑arrest bail.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail despite the recovery of illicit liquor from a vehicle registered in his name
  • Whether ownership of the vehicle alone constitutes sufficient grounds to deny bail under the Bihar Prohibition and Excise Act

Legislation cited

Subjects

  • pre‑arrest bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • ownership of vehicle
  • false implication
  • Section 482(2)
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8313 of 2026
                  Arising Out of PS. Case No.-710 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua)
                 ======================================================
                 Mithlesh Kumar, age about 28 Yrs, Male, Son of Rati Sah, R/o Village -
                 Dharhara, P.S. - Durgawati, District - Kaimur at Bhabhua.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Tribhuwan Narayan, Advocate
                 For the Opposite Party/s :         Mr. Manoj Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   17-02-2026                         Heard Mr. Tribhuwan Narayan, learned counsel

                   appearing on behalf of the petitioner and Mr. Manoj Kumar,

                   learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Bhabua Excise P.S. Case No. 710 of 2025 registered for the

                   offence punishable under Sections 30 (a) and 32(i)(ii)(iii) and

                   41(i)(ii) of the Bihar Prohibition and Excise Act as amended up-

                   to-date.

                                3. Allegation is of recovery of 29.500 litres illicit

                   liquor from a motorcycle bearing Registration No. BR45J 5231

                   belonging to the petitioner, which was parked near a pond

                   situated at Dhidkhili market.

                                4. Learned counsel appearing on behalf of the

                   petitioner submits that the petitioner has been falsely implicated
Patna High Court CR. MISC. No.8313 of 2026(2) dt.17-02-2026
                                            2/3




          in the present case simply because the vehicle from which the

          illicit liquor was recovered, is registered in his name. The

          motorcycle was parked on the road near a pond situated at

          Dhidkhili market, which is an open place and easily accessible

          to anyone. Petitioner has no concern with the alleged seized

          liquor nor he is involved in trade of liquor in any manner.

          Petitioner has clean antecedent. On these grounds, petitioner

          seeks to be released on pre-arrest bail.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of pre-arrest bail to the petitioner.

                       6. Considering the fact that the recovery of 29.500

          litres illicit liquor was made from a motorcycle bearing

          Registration No. BR45J 5231 belonging to the petitioner, which

          was parked near a pond situated at Dhidkhili market, which is an

          open place and easily accessible to any one and also the fact that

          the State has failed to implement its liquor policy in its true

          spirit, the petitioner, above named, is directed to be released on

          pre-arrest bail, in the event of his/her arrest or surrender before

          the learned District Court within a period of four weeks from

          today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned District Court where the case is
              Patna High Court CR. MISC. No.8313 of 2026(2) dt.17-02-2026
                                                          3/3




                        pending, in connection with Bhabua Excise P.S. Case No. 710 of

                        2025, subject to the condition as laid down under Section 482(2)

                        of the BNSS.

                                     7. The learned District Court is directed to verify

                        the criminal antecedent of the petitioner as stated in

                        paragraph no. 3 of the bail application. If any other case is

                        pending against the petitioner as what has been stated in

                        paragraph no. 3, this order will lose its force automatically.

                                     8. The present bail application is disposed of.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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