Patna High Court
Mithalesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Anticipatory bail is granted to the petitioner subject to conditions prescribed under Section 438(2) CrPC and Section 482(2) BNSS.
Summary
Mithalesh Kumar was implicated in a case (Bidupur P.S. Case No. 614 of 2025) for alleged offences under Sections 303(2), 317(5) and 111 of the Bihar Narcotic Substances Act, involving the recovery of two tempos carrying country-made chulai liquor allegedly obtained by theft. The petitioner contended that he was falsely implicated due to local enmity, that the seized vehicles were not in his possession, and that he has no liquor‑trading activities or prior criminal record. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions and the circumstances, directed that the petitioner be released on anticipatory bail if arrested within four weeks, subject to a bail bond of Rs.10,000 with two sureties and several conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order emphasized that the petitioner must remain present at trial, cooperate with investigation, and that bail could be cancelled for non‑compliance or if he is later found involved in similar offences. The application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC.
- Whether the allegations of involvement in liquor trafficking and theft justify denial of bail.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or committing further similar offences.
Legislation cited
- Bihar Narcotic Substances Act — s. 111, 303(2), 317(5), 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- bail conditions
- Section 438 CrPC
- Section 482 BNSS
- liquor trafficking
- theft
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8366 of 2026
Arising Out of PS. Case No.-614 Year-2025 Thana- BIDUPUR District- Vaishali
======================================================
Mithalesh Kumar Son of Chandeshwar Ray R/O Vill.- Pakri Naya Tola, P.S.-
Bidupur, District – Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anish Kumar, Adv.
For the Opposite Party/s : Mr.Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Bidupur P.S. Case No. 614 of 2025 dated 10.10.2025
registered for the offences punishable under Sections 303(2),
317(5) and 111 of the B.N.S.
3. The prosecution case is to the effect that the police
received an information that two tempo were standing with
country made chulai liquor which was brought by the liquor
trader, Mithalesh Kumar (petitioner) and on search, two tempo
were recovered. The local villagers disclosed that the same
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belonged to the petitioner and it had been brought after
committing theft.
4. The learned counsel for the petitioner submits that
petitioner has falsely been implicated at the behest of the local
villagers due to enmity. It has further been submitted that the
stolen tempo was recovered from an open field and not from the
possession of the petitioner. It has also been submitted that the
petitioner is neither the owner nor the driver of the seized tempo
and he has no concern whatsoever with the seized vehicles. It
has further been submitted that the allegation of petitioner being
a trader of liquor is also false. It has lastly been submitted that
the petitioner has clean antecedent.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid submissions made by the
parties and taking into account the facts and circumstances of
the case, the petitioner, above named, is directed to be released
on anticipatory bail, in the event of arrest or surrender before the
Court below 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 Court below where the case is pending/successor
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court in connection with Bidupur P.S. Case No. 614 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure read with corresponding
Section 482(2) of BNSS as well as subject to the following
conditions:-
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the Court concerned.
(iv) If the petitioner, in future, is found to be involved
in similar nature of offence(s), the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
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the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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