Mithlesh Kumar @ Mithlesh Kumar Yadav @ Mithilesh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39394 of 2026 Arising Out of PS. Case No.-389 Year-2026 Thana- Excise P.S. District- Muzaffarpur ====================================================== 1.
Mithlesh Kumar @ Mithlesh Kumar Yadav @ Mithilesh Kumar Yadav s/o Jailal Rai R/o Village- Jagarnathpur dokra ,P.S -Saraiya ,DistrictMuzaffarpur 2.
Sanjit Kumar @ Sanjeet Kumar S/o Deepu Ray @ Tipu Rai R/o VillageAtaraliya, Gopalpur Neura, Ward no- 13, ,P.S -Saraiya ,DistrictMuzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Yugal Kishore For the Opposite Party/s :
Mr.Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-06-2026
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.
3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the allegation is of recovery of 154.890 litres of liquor from a place behind the paltry farm of Vikki Kumar.
4. The learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession and even alleged
Patna High Court CR. MISC. No.39394 of 2026(2) dt.22-06-2026 2/3 recovery is from a place, which does not belong to the petitioner and he came to be implicated based on confessional statement of Vikki Kumar in police custody which does not have any evidentiary value.
5. Learned A.P.P. opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on their furnishing bail-bonds in the sum of Rs. 500/- (Rupees Five Hundred) each with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/ successor Court in connection with Excise P. S. Case No.389 of 2026, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioners shall verify the criminal antecedent of the petitioners and in the event, if it is found that petitioners have antecedent of even one case, then it would be presumed that petitioners for the purposes of
Patna High Court CR. MISC. No.39394 of 2026(2) dt.22-06-2026 3/3 obtaining anticipatory bail had concealed their antecedent before this Court, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioners are persons with clean antecedent, in that event, the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) vikash/- U T