Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43852 of 2026 Arising Out of PS. Case No.-77 Year-2026 Thana- AMBA District- Aurangabad ====================================================== Mithun Kumar S/o Krishna Ram Resident of Village- Ararua Khurd, P.S.- Hariharganj, Dist.- Palamu (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Adarsh Singh For the Opposite Party/s :

Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-07-2026 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Amba P.S. Case No. 77 of 2026 registered for the offence under Section(s) 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 315 liters of illicit liquor was recovered from the Scorpio vehicle in question.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. Petitioner is in custody since 08.05.2026. It is also submitted that nothing incriminating has been recovered from the possession of the petitioner.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail and has submitted that the petitioner

Patna High Court CR. MISC. No.43852 of 2026(3) dt.08-07-2026 2/3 has one criminal antecedent.

6. Considering the aforesaid facts and circumstances of the case and the period of custody, this application for regular bail is allowed.

7. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Amba P.S. Case No. 77 of 2026 subject to conditions that:- (i). The petitioner will mark his attendance at the Hariharganj Police Station, Palamu, Jharkhand on the first and third Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(ii) The petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in the trial and non-cooperation in the trial shall result in cancellation of the bail bond of the petitioner.

8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case

Patna High Court CR. MISC. No.43852 of 2026(3) dt.08-07-2026 3/3 and shall not influence the trial or any other proceedings in any manner.

9. Let a copy of this order be communicated to the Superintendent of Police, Palamu, Jharkhand through FAX or email for immediate compliance. (Sandeep Kumar, J) Shishir/- U T