Mithilesh Yadav @ Mithilesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19078 of 2026 Arising Out of PS. Case No.-207 Year-2025 Thana- RASULPUR District- Saran ====================================================== Mithilesh Yadav @ Mithilesh Kumar Yadav, Son of Late Madan Yadav, R/o Village - Asahani, P.S. - Rasulpur, Dist. - Saran at Chapra. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nalin Kumar, Advocate For the Opposite Party/s :

Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 31-03-2026 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner apprehending his arrest in connection with Rasulpur P.S. Case No. 207 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 12.690 litres of IMFL/country made liquor from in front of the house.

4. It is submitted by learned counsel that recovery of alleged illicit liquor was made from a hut situated infront of the house of the petitioner and for said reason he was implicated with present case. It is submitted that petitioner is not connected in any manner with said hut. It is pointed out that recovery as

Patna High Court CR. MISC. No.19078 of 2026(2) dt.31-03-2026 2/2 alleged was not made from the conscious physical possession of this petitioner.

5. Explaining criminal antecedent, it is pointed out that petitioner found involved in one more criminal case of similar nature, where he is on bail.

6. Learned APP opposed the prayer of bail.

7. Considering the aforesaid facts and circumstances and by taking note of fact as prima facie recovery of illicit liquor not appears to be made from the conscious physical possession of this petitioner, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Exclusive Spl. Judge Excise Judge, Saran at Chapra/concerned Court, where the case is pending in connection with Rasulpur P.S. Case No. 207 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS. (Chandra Shekhar Jha, J) veena/- U T