Patna High Court

Mithilesh Yadav @ Mithu @ Mithilesh Kumar YadavversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to the stipulated bond and surety conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Mithilesh Yadav, sought anticipatory bail fearing arrest in a case (PS No. 202 of 2025) alleging possession of 90 litres of Nepali liquor recovered from a motorcycle, contravening Section 30(a) of the Bihar Prohibition and Excise Act. He contended that his name was implicated solely on the basis of a co‑accused’s statement, that he does not own the motorcycle, and that there is no prima facie case against him. The petitioner also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail. The Court, after considering the submissions, ordered that the petitioner be released on anticipatory bail if arrested or surrendered within six weeks, upon furnishing a bail bond of Rs 15,000 with two sureties, subject to the conditions of Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether a prima facie case exists against the petitioner based on the co‑accused’s statement.
Whether the procedural requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, has been complied with.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 30(a)
Section 103
Section 482(2)
false implication
liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88699 of 2025
                       Arising Out of PS. Case No.-202 Year-2025 Thana- ARER District- Madhubani
                 ======================================================
                 Mithilesh Yadav @ Mithu @ Mithilesh Kumar Yadav S/o- Yugal Kishor
                 Yadav R/o - Bhaduli Brahmotra, P.S- Arer, District - Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Jha, Adv.
                 For the Opposite Party/s :       Mr. Shyam Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   15-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2.      The petitioner apprehends his arrest in connection

                   with Arer PS Case No. 202 of 2025 instituted for the offences

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                           3.      The prosecution case, in short, is that total 90 litres

                   of Nepali liquor was recovered from motorcycle.

                           4.      Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.

                   The name of the petitioner transpired in this case on the basis of

                   disclosure made by the apprehended co-accused person.

                   Learned counsel further submitted that petitioner is not the

                   owner of the said motorcycle and he has no concern with the
           Patna High Court CR. MISC. No.88699 of 2025(2) dt.15-01-2026
                                                       2/2




                     alleged recovery of liquor. Learned counsel for the petitioner,

                     therefore, contends that prima-facie no case is made out against

                     the petitioner. The petitioner has two criminal antecedents.

                     There is no compliance of Section 103 of the Bharatiya

                     Nagarika 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, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Arer PS Case No.

                     202 of 2025, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T

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