Patna High Court
Mithilesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner.
Summary
Mithilesh Kumar Singh, the registered owner of a motorcycle, was implicated in a case where 8.640 litres of illicit foreign liquor was recovered near the vehicle during a police patrol. The petitioner argued that he was not present at the scene, nothing was seized from his possession, and that mere ownership does not establish guilt, also invoking a violation of Section 103 of the Bharatiya Nagarik Suraksha Sanhita due to lack of an independent witness. The State opposed his anticipatory bail, contending that the recovery from the motorcycle linked him to the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. Considering the petitioner’s clean antecedent, lack of direct evidence, and the material on record, the court granted anticipatory bail subject to a bail bond and sureties under Section 482(2) of the B.N.S.S. The application was allowed, releasing the petitioner from immediate arrest pending trial.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita despite being the registered owner of the vehicle from which illicit liquor was recovered.
- Whether the facts disclosed establish a prima facie case against the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 103, 482(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- Section 103
- Section 482(2)
- illicit liquor
- ownership liability
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9425 of 2026
Arising Out of PS. Case No.-148 Year-2025 Thana- KARTAHA District- Vaishali
======================================================
Mithilesh Kumar Singh S/O Kalaug Singh R/O Vill.- Jagodih, P.S.- Sarai,
Dist.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar Singh, Advocate
For the Opposite Party/s : Mr. Md. Aslam Ansari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Kartahan P.S. Case No. 148 of 2025 registered
for the offences punishable under Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. As per prosecution case, during patrolling the
informant saw two persons on a motorcycle near Primary
School, Patepur and on seeing the police party they fled away
leaving the motorcycle in question. Upon search of the
motorcycle in question, 8.640 liter of illicit Foreign Liquor was
recovered from the bush.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.9425 of 2026(2) dt.19-02-2026
2/3
in the F.I.R. and he has falsely been implicated in this case. He
further submits that petitioner was not found at the place of
occurrence and nothing has been recovered from the conscious
possession of the petitioner. It is submitted that the petitioner is
the registered owner of the motorcycle in question having no
complicity in the alleged occurrence. It is further submitted that
nothing was recovered from the motorcycle in question rather
recovery was made near the said motorcycle. He further submits
that except suspicion there is nothing on record to connect the
present petitioner with the alleged occurrence. He further
submits that the place of recovery is an open place and same is
accessible to all and petitioner cannot be held responsible/liable
for the alleged recovery.It is further submitted that there is
violation of Section 103 of the Bharatiya Nagarik Suraksha
Sanhita as no independent witness was present at the time of
search and seizure. In the light of the aforesaid facts and
circumstances of the case, petitioner cannot be held liable for
the same and no offence is made out as alleged in the F.I.R.
against the petitioner. Apart from that petitioner bears no
criminal antecedent.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner and
Patna High Court CR. MISC. No.9425 of 2026(2) dt.19-02-2026
3/3
submits that liquor has been recovered from the motorcycle in
question and the petitioner being the registered owner cannot
escape from the allegation made in the F.I.R.
6. Considering the facts and circumstances of the
case, petitioner was not found at the place of occurrence,
keeping in view clean antecedent of petitioner, argument
advanced on behalf of both sides and also taking into
consideration the material available on record, 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 anticipatory bail on furnishing bail bond of Rs.
10,000/- (rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Excise Court-I-cum-District & Additional Sessions Judge,
Vaishali at Hajipur in connection with Kartahan P.S. Case No.
148 of 2025, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Alok Kumar Pandey, J)
Nilmani/-
U T
Checking your session…