Mithun Yadav @ Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30442 of 2025 Arising Out of PS. Case No.-112 Year-2025 Thana- SUPAUL District- Supaul ====================================================== Mithun Yadav @ Mithilesh Kumar S/O Yogendra Yadav R/O Village- Hardi Ward No. 09, P.S- Supaul, Distt.- Supaul.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Patla Kumari, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Supaul P.S. Case No. 112 of 2025, dated 09.03.2025, lodged under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution, total 5.5 liters of country made liquor was recovered from the shop of the petitioner which is the subject matter of the present case.

4. Counsel submits that the petitioner is innocent and has committed no offence. He submits that the recovery has not been made from the possession of the petitioner, rather the said recovery was made from another co-accused persons and the petitioner has no concern with the said recovery or with the coaccused persons. He submits that the name of petitioner has

Patna High Court CR. MISC. No.30442 of 2025(2) dt.15-05-2025 2/2 come by virtue of confessional statement of another co-accused.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the criminal antecedent of the petitioner is not clean as there is one case pending against him which is registered under Excise Act and this aspect must be taken into consideration.

6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

7. It is directed to the petitioner to surrender before the Trial Court within a period of 6 weeks from today. In case, the petitioner surrenders within six weeks, then the Trial Court is directed to pass order on his surrender-cum-bail application on the same day considering that whether ingredients of excise act is made out against the petitioner or not, without being prejudice that the anticipatory bail of the petitioner has been rejected by this Court and the Trial Court shall pass order on the merit of this case.

(Dr. Anshuman, J) Sudhanshu/- U T