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Patna High Court

Mithlesh KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied because the petitioner’s alleged involvement in the large‑scale hemp seizure was not comparable to the earlier case and the seriousness of the offences warranted denial of bail.

Summary

The petitioner, Mithlesh Kumar, sought anticipatory bail after learning that he might be arrested in connection with a case involving the alleged recovery of 6,000 kg of powdered hemp from a truck. He argued that he has a clean record, was not in possession of the seized goods, and merely hired the truck through his transport business, Laxmi Enterprises. The State opposed the bail, contending that the facts differ from a prior case where anticipatory bail was granted, noting the large quantity of hemp and ongoing investigation. The court examined the distinction between the petitioner’s role and that of the earlier case (Chandan) and considered the seriousness of the alleged offences under the Bihar Narcotic Substances Act and Bihar Excise Act. Concluding that the petitioner’s situation did not merit the privilege of anticipatory bail, the court rejected the prayer.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the Criminal Procedure Code in view of the alleged offences under Section 317(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act
  • Whether the facts of the petitioner’s case are sufficiently analogous to the earlier case (Chandan) where anticipatory bail was granted

Legislation cited

Subjects

  • anticipatory bail
  • narcotic substances
  • excise law
  • transport business
  • seizure
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83868 of 2025
                        Arising Out of PS. Case No.-324 Year-2024 Thana- DESARI District- Vaishali
                 ======================================================
                 Mithlesh Kumar S/o Ranjit Ray R/o Village - Bajitpur Sahdat Ward no - 15,
                 P.S - Desari, District - Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Hemant Kumar
                 For the Opposite Party/s :        Mr.Arun Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   23-02-2026               1.     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                             2.     The petitioner apprehends his arrest in connection with

                   Desari (Chandpura) PS Case No. 324 of 2024 registered for the

                   offences punishable under Section 317(5) of BNS and Section 30(a)

                   of the Bihar Excise Act.

                             3.     Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 6000 kg of powdered hemp from a truck.

                             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 is not the owner of the

                   seized truck rather petitioner is owner of Laxmi Enterprises and is

                   involved in transport business and hires vehicles and books the goods

                   and gets them delivered. It is next submitted that similarly situated
              Patna High Court CR. MISC. No.83868 of 2025(3) dt.23-02-2026
                                                          2/2




                        Chandan had approached this Court seeking anticipatory bail by

                        filing Cr. Misc No. 69361 of 2025 and the same came to be allowed

                        by an order dated 9-10-2025 by a learned Co-ordinate Bench.

                                 5.     Learned A.P.P. for the State opposes the prayer for

                        anticipatory bail of the petitioner and submits that from perusal of the

                        order dated 9-10-2025 in Cr. Misc No. 69361 of 2025, it would

                        manifest that the learned Co-ordinate Bench while granting

                        anticipatory bail to Chandan had taken note of the fact that Chandan

                        had provided the truck to petitioner for providing transportation, but

                        then was not aware what materials the petitioner would transport by

                        the truck which he had provided. It is thus submitted that case of the

                        petitioner is not similar to the case of Chandan and large amount of

                        hemp is alleged to have been recovered from the truck and

                        investigation is still continuing.

                                 6.      Considering the submission made by learned APP, the

                        Court is not inclined to extend the privilege of anticipatory bail to the

                        petitioner.

                                 7.     Accordingly, the prayer for anticipatory bail of the

                        petitioner is rejected.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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